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Nebraska Questions & Answers
1 Answer | Asked in Health Care Law for Nebraska on
Q: For the Hospital, ED or Outpatient protection ... is it wise to have patient sign the discharge instructions.

We are presently being steered away from this older practice and told that the typed in statement that "patient received discharged instructions and verbalizes understanding" is all that is necessary.

Julie Fowler
Julie Fowler
answered on Aug 27, 2020

Are you the patient? Are you the hospital or medical provider?

1 Answer | Asked in Criminal Law and Adoption for Nebraska on
Q: I shoplifted and they won’t let us pay they sent us a letter using section 43-247.1 and 43-3001 what does that mean ?

I’m adopted and I do have some mental illness such as bipolar but we’re getting me meds

Julie Fowler
Julie Fowler
answered on Aug 27, 2020

Are you saying that you were allegedly shoplifting and you would prefer just to pay a fine rather than go to court? Generally, you are required to appear in court when charged with shoplifting. You will want to retain an attorney prior to your first hearing or appear at the hearing and request a... View More

1 Answer | Asked in Child Custody for Nebraska on
Q: My ex took my son at 2 months out of state to new mexico and said he would come back, but now is saying he's not.

It's been 6 months and he's been saying our son's not coming back to Nebraska. We were never married and never established custody rights. Am I able to go get our son and bring him back to Nebraska with me?

Julie Fowler
Julie Fowler
answered on Aug 27, 2020

It depends. Was paternity ever legally established with the father? Have you had any contact with your child in the last 6 months?

Generally the State where the child has been residing the last 6 months is the state that gets to decides custody when there has not previously been a custody...
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1 Answer | Asked in Consumer Law, Copyright, Intellectual Property and Trademark for Nebraska on
Q: How do I get a literary work copywrite protected independent of an attorney in the state of Nebraska?
Charles Edwin Runyan
Charles Edwin Runyan
answered on Aug 20, 2020

If you are the author of a literary work, the moment the work is finished copyright protection springs into being without any effort on your part. (other than finishing it). You can immediately mark it with the "C" in a circle.

If you go to the copyright office's website,...
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1 Answer | Asked in Probate for Nebraska on
Q: Mom passed away, I would like to buy her home. sibling is the Estate PR will not sell me the house. What can I do

Sibling is lying to the lawyer saying she is making it possible for me to go into the house. This is not true. My siblings have made it impossible for me to go into the house. My daughter is also interested in purchasing the home PR will not respond to request

James Polack
James Polack
answered on Aug 17, 2020

You need to contact the judge in the probate court, if the case is in probate court, preferably with a lawyer.

If its not in probate court you need to get a lawyer and see it it could be brought to probate court.

The factual and legal possibilities are too broad to be more...
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1 Answer | Asked in Personal Injury and Wrongful Death for Nebraska on
Q: I purchased a float for the river that said puncture proof material. The float was punctured, my mom died. Can I use?

My mom, myself and 3 others had to hold on for life after the float popped. My mom ended up having a heart attack and died.

Tim Akpinar
Tim Akpinar
answered on Aug 15, 2020

A Nebraska attorney could advise best, but your post remains open for three weeks. I'm very sorry for the loss of your mother; this is a heartbreaking accident. It's difficult to say whether you can sue based on these facts alone. Floats can vary widely in terms of their quality, size,... View More

1 Answer | Asked in Domestic Violence and Family Law for Nebraska on
Q: What to do if the father of my children’s new girlfriend violates the restraining order placed against my kids for abuse

I was unaware of the violation until after it took place. My childrens father is allowing his girlfriend back around my kids after he put the restraining order on her a few weeks ago for verbal and physical abuse on the children and himself.

Julie Fowler
Julie Fowler
answered on Aug 11, 2020

Violations of protection orders can be reported to law enforcement. It is a crime to violate a protection order.

1 Answer | Asked in Family Law for Nebraska on
Q: 10 yr old daughter in NE. Im in WA. Her mom wont let me see her. My name not on BC, she refuses to put my name on it.

My ex will not allow me to see our 10 yr old daughter. She was married at the time our daughter was born, but living with me. We raised her together. She didn't put my name on the Birth Certificate. Our girl was born in WA State but is now with her mom in NE. Her mother says that her... View More

Julie Fowler
Julie Fowler
answered on Aug 11, 2020

Generally, a court isn't going to award a father any court-ordered parenting time with their child until paternity has been legally established. The statute of limitations for a private party to establish paternity is 4 years. Thus, if the child is over 4 years old and paternity has not been... View More

1 Answer | Asked in Child Custody and Child Support for Nebraska on
Q: In a case regarding child support what happens if the mother does not show up on the court date

establish paternity and support it’s the state versus me and my kids mother who are separated

Julie Fowler
Julie Fowler
answered on Aug 11, 2020

If it is a child support action brought by the State, the Court would likely go forward with entering a child support order against the non-custodial parent even if one or both parties don't show up at the hearing.

1 Answer | Asked in Child Support for Nebraska on
Q: What happens if the mother does not show up at court

It is a template to establish paternity and support it’s the state versus me and my kids mother who are separated

Julie Fowler
Julie Fowler
answered on Aug 11, 2020

If it is a child support action, the Court would likely go forward with entering a child support order against the non-custodial parent even if one or both parties don't show up at the hearing.

1 Answer | Asked in Child Custody for Nebraska on
Q: Is it legal for dhhs to place a child in foster care before the Ex parte petition with the court Has even been filed.
Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Aug 10, 2020

Yes. Ex parte motion must meet the emergency level but it only has to be signed by the Court- not necessarily on file or public record. They only have 5 days to file a Petition following that Order and a temporary custody hearing must be held in a timely manner. If children have been removed, most... View More

1 Answer | Asked in Adoption, Child Custody, Child Support and Divorce for Nebraska on
Q: Child Support Terminated June 9,2011 DHHS Didnt recognize it till 7-15-2020. Signed rights over, Adoption was final .

State never bothered to see if Adoption was final before Divorce of Custodial parent and Adoptee. $50 A month From June 2011 - July 2020 = State owes me correct? I was in contempt three times and served over 6 months in jail two of the three times, the 1st time I payed over $2500 To be released,... View More

Julie Fowler
Julie Fowler
answered on Aug 8, 2020

The burden is technically on the parent whose rights were terminated to file the motion to terminate child support. That being said, if the State received the money due to a child support assignment due to some type of public assistance, you may have a right to have it reimbursed. If the... View More

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: I am from Nebraska my significant other and I have a 6 year old daughter.

We broke up for a while at that time child support was started. We have reconciled and have been living together in a committed relationship since may 2018. We want to stop the support but are having problems doing so

Julie Fowler
Julie Fowler
answered on Aug 6, 2020

Did Child Support Services assist you with establishing the child support order? If so, they will likely assist you with terminating the order. However, if you are receiving public assistance, he will likely need to show that the father has moved back into the public assistance household or they... View More

2 Answers | Asked in Divorce for Nebraska on
Q: I asked my wife's attorney to add that I am not responsible for COBRA costs in a divorce decree. Does this protect me?

The use of the word anticipate confuses me as opposed to she will not pursue COBRA or will at her own expense.

Any and all expenses, including, but not limited to co-pays,

prescription medication, or any other expenses not covered by said

insurance shall be the sole... View More

Julie Fowler
Julie Fowler
answered on Aug 6, 2020

Your question is too specific for a general posting board like this. What language makes sense in a case depends on the overall facts of the case. You would have to consult with your attorney directly.

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1 Answer | Asked in Criminal Law for Nebraska on
Q: Can the extreme use of hand sanitizer cause a false positive read on an ETG urine test for alcohol?

I am a healthcare worker and recently got called to test for alcohol while on probation. My ETG test came back positive. I haven’t drank so I’m guessing it’s from my extreme use of hand sanitizer.

Julie Fowler
Julie Fowler
answered on Aug 5, 2020

There is research that supports your theory. If you wanted to bring this defense in a legal setting, you might have to hire an expert to explain how this works and whether it applies in your case.

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: My ex-husband was awarded full custody of our daughter when she was 18. She is now 19

She attends college and lives in the dorms from mid August to May. My ex was given the right to claim her on his taxes as a dependent every year. This year she lived in the dorm from Jan-March. My new husband and I moved her from college to her dad’s in March where she stayed until the beginning... View More

Julie Fowler
Julie Fowler
answered on Aug 5, 2020

Once the child is an adult, the custody order regarding exemptions and the child care tax credit generally no longer governs. You would likely need to talk to your tax professional to see what you would need to do to qualify to claim another adult as a dependent.

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Can my landlord sue me for this?

I moved out of my apartment on 5/31 (the end of the lease) and now they are sending me a bill for $2,700 because apparently I was required to give 60 day notice to move out. Is there anything a I can do to dispute this?

Julie Fowler
Julie Fowler
answered on Aug 4, 2020

Often a lease requires a certain amount of notice to terminate. If the period of time is reasonable, such as the Court may say 30 or 60 days as reasonable notice, then the Court will generally enforce a lease agreement entered into between the parties that requires the tenant to give 60 days... View More

1 Answer | Asked in Adoption and Family Law for Nebraska on
Q: How hard is it to adopt my sisters children living in different states?

My sister reached out to me about adopting her two children. She is unfit to care for them no job, different homes, alcohol abuse, and has been sexual abuse from one father. He has a restrainging order against his child. The other childs father wants nothing to do with him niether father pays child... View More

Julie Fowler
Julie Fowler
answered on Aug 4, 2020

If there is no involvement from child protective services or a similar organization and no one is objecting to the adoption, then it is generally just a matter of completing the paperwork and the formalities for the adoption to go through.

1 Answer | Asked in Child Custody for Nebraska on
Q: In the state of Nebraska, how far away, within the state, can a parent move when both parts have joint custody?
Julie Fowler
Julie Fowler
answered on Aug 4, 2020

Once a custody order is entered, a parent generally needs a specific order from the Court to move the children out of state. If the move is within the State, the parent doesn't generally need court permission to move. That being said, if the move is such that it creates a material change in... View More

1 Answer | Asked in Personal Injury for Nebraska on
Q: An MD failed to act on critical lab, 6 months later my father had metastatic cancer. How long do we have to file suit?

My Father lived in Omaha Nebraska. His long standing primary care physician did annual PSA tests on my father as his father died from prostate cancer. In approximately February 2017, during annual exam my father had his PSA drawn. The result was critical as it had spiked and Medical standards... View More

Tim Akpinar
Tim Akpinar
answered on Aug 3, 2020

I'm sorry for your family's ordeal and that your post remains open for three weeks. Your question was probably overlooked in the Personal Injury category. You could repost under Medical Malpractice and reach out to med mal attorneys. Most offer free initial consults. Good luck

Tim Akpinar

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