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Nebraska Questions & Answers
1 Answer | Asked in Child Custody for Nebraska on
Q: If a guy claims that my child is his, can he file for custody even though he hasn’t been in her life since she was born?

She turned 4 this year and he is claiming he is going to go to court to get visitation rights. Is that even possible?

Julie Fowler
Julie Fowler
answered on Jul 28, 2020

There is a statute of limitation for paternity in Nebraska of 4 years old. That being said, there are a number of work-arounds, such as asking the State to file a paternity action as the State has until 18 years old to file for paternity. Further, if there is a child support order established or... View More

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: This is my fiancé first offense for driving under a 15 year revocation and went to jail will he be able to Bond out

Also he charged they booked him for say DUI and he wasn’t even drunk or been drinking just picked him up from work

Julie Fowler
Julie Fowler
answered on Jul 28, 2020

Yes, if a bond amount is required, a bond amount will be set for DUI and driving under revocation. Depending on the specific charge, he could be released on his own recognizance and thus no dollar amount of bond set.

1 Answer | Asked in Uncategorized for Nebraska on
Q: I live in the state of Nebraska, I am 21 years old and my girlfriend is 17

We have NOT had any sexual contact, the Extent has only been hugs and hand holding, if there was consent could i be charged for anything? i just want to be informed and not charged because of ignorance, I would much rather be safe than sorry especially in such a touchy subject as this one. Thanks... View More

Julie Fowler
Julie Fowler
answered on Jul 28, 2020

An adult can be charged with contributing to the delinquency of a minor or similar charges even if they are not at risk of statutory rape charges.

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: I want custody of my child, her father has her now but I have got my other girls back in my custody & want her back too
Julie Fowler
Julie Fowler
answered on Jul 28, 2020

To ask for the custody order to be modified, the general process is to file a Complaint to Modify to ask for the change in custody. You have to state a material change in circumstances that show why the change in custody is in the minor child's best interests.

1 Answer | Asked in Patents (Intellectual Property) for Nebraska on
Q: Does an employee that invents a product for an employer have any patent rights?

Approx. twenty years ago my father, xxx, invented the multi-bevel needle for Becton-Dickinson. He worked there for 37 years & has since retired. They named him the "Founding Father of the Five-Bevel Needle". All he received for this was a satin jacket with this embroidered on it.... View More

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jul 23, 2020

Congratulations to your father for making a real contribution to an important medical device.

As a general rule, when you are paid to invent, then company expects that the fruits of your work belong to the company. Normally, you sign agreements or consent to company policies as a part of...
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1 Answer | Asked in Juvenile Law for Nebraska on
Q: When a county attorney in Nebraska Juvenile Court has to serve parent out of the country how do they properly serve them
Julie Fowler
Julie Fowler
answered on Jul 22, 2020

It depends on the facts of the case and alternative service methods are sometimes allowed. The focus is generally on trying to give the parent actual notice of the case pending and if not that, at least constructive notice that an action has been filed.

1 Answer | Asked in Probate for Nebraska on
Q: Deceased uncle’s divorce decree states his employer’s life ins policy name his ex as Beneficiary. She is not named

He was retired. His employer confirmed his ex is not listed as beneficiary and that his next of kin need to waive their rights to it for her to get it. She insists she was at one time, but assumes the employer messed up and failed to enter her name into the system. His next of kin are 2 sisters... View More

Julie Fowler
Julie Fowler
answered on Jul 22, 2020

You will want to contact a probate attorney in the State where the estate is being probated.

1 Answer | Asked in Tax Law for Nebraska on
Q: I'm married,have been living apart from spouse for over a year -with intention to divorce. Am I legally separated?
Julie Fowler
Julie Fowler
answered on Jul 22, 2020

You can file a legal separation action in Nebraska. It is similar to a divorce action in that it addresses property, debt, and child custody issues, but it is different in that the parties remain legally married. Thus, when someone says they are legally separated and mean it in the technical... View More

1 Answer | Asked in Criminal Law for Nebraska on
Q: If I tell my lawyer to skip depositions and go straight to asking for a plea deal can they do it.

My lawyer wants to do depositions, she got an approval from the judge. I dont want to do that because itll be more trouble. I just want to move to a different step or just asl for a plea deal. Can they do that if I request them to?

Julie Fowler
Julie Fowler
answered on Jul 22, 2020

The party that requested the deposition can generally cancel the deposition. Whether this is in your best interest is another issue. If the prosecutor requested the deposition (or both parties requested it), then the defense generally can't just cancel the deposition. The prosecutor... View More

1 Answer | Asked in Criminal Law for Nebraska on
Q: I was arrested for felony flight to avoid but it was dropped down toa misdemeanor and i was put on probation for 1yr

If i violated probation what would be my sentence can they bring the felony back up

Julie Fowler
Julie Fowler
answered on Jul 22, 2020

For a violation of probation, you can generally be sentenced up to the maximum jail time allowed under the original offense convicted of. Thus, if a person was convicted of a misdemeanor, the maximum jail time is generally the maximum jail time allowed for the misdemeanor, even if the original... View More

1 Answer | Asked in Criminal Law for Nebraska on
Q: i have a warrant for crim attempt class felony 4 and I dont know what it could possibly be and I don't know what to do
Julie Fowler
Julie Fowler
answered on Jul 22, 2020

Many counties post their active warrants on their county sheriff's website. You could also do a case search on the Nebraska Judicial Department website if you believe the warrant is in Nebraska. https://supremecourt.nebraska.gov/e-services

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Nebraska on
Q: Concluding CPS case, determining custody with a domestic violence felon.

Hello, I am finishing up a CPS case, completed treatment, have housing, my own vehicle, clean drug tests for a year. However, my childs father is trying o force visits with our daughter since October, but has been unsuccessful this far due to trauma he inflicted on us both. He is on probation for... View More

Julie Fowler
Julie Fowler
answered on Jul 22, 2020

It would be unusual for a judge to grant 50/50 custody when the Court is only contemplating supervised visits at this time.

A judge is not bound to the recommendations of a therapist. Sometimes the court will order family therapy sessions to have even more structured visits than supervised...
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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Nebraska on
Q: Concluding CPS Case With Childs Father (Multi-State DV Felon w/ a 3yr No Contact Order)

Hello, I am finishing up a CPS case, completed treatment, have housing, my own vehicle, clean drug tests for a year. However, my childs father is trying o force visits with our daughter since October, but has been unsuccessful this far due to trauma he inflicted on us both. He is on probation for... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Jul 22, 2020

Nebraska DHHS has a general policy that they will follow recommendations of a children's therapist with regard to visitation, but generally to suspend visitation requires a court order. You mentioned having an open case - this means you likely have a court-appointed attorney. You should talk... View More

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2 Answers | Asked in Family Law and Child Custody for Nebraska on
Q: My wife is keep my daughter from me claiming suicidal texts and claiming drug use. The texts were a week ago

The drug use is false as she just saw an old friend working in the garage and claims she can tell when I’m high

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Jul 20, 2020

The answer to how to address this depends on whether you have a legal custody order (temporary or permanent) that provides you with parenting time. If so, then the mom is in contempt if she unilaterally decides not to send your daughter. If you are separated but no order is entered, you will want... View More

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2 Answers | Asked in Domestic Violence for Nebraska on
Q: Can the victim of a domestic assault refuse to take part of a deposition?
Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Jul 15, 2020

No. There are very few legal reasons that would allow someone to refuse to be deposed or to testify if they have been properly noticed or subpoenaed and served. One of the guaranteed rights in legal cases is the right to confront and cross examine the witnesses. If the victim is not sure if s/he... View More

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2 Answers | Asked in Family Law for Nebraska on
Q: separating unmarried couple, can mother/father move out with a 3 year old child?

unmarried, been together for about 5 years, child is 3 years old.

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Jul 9, 2020

Yes. There are several factors that may affect legal rights and responsibilities. First, whether natural father signed an acknowledgment of paternity at the child's birth. If so, that is legal paternity. If not, parents can only bring a private action to legally establish parentage within the... View More

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1 Answer | Asked in Child Support for Nebraska on
Q: My daughter and I live in Nebraska her father is in Illinois he is 6 months behind in child support what can I do
Julie Fowler
Julie Fowler
answered on Jul 7, 2020

One of the most cost-effective ways to enforce child support is to contact the child support office in the county where the order was entered. If that doesn't work, there are a number of other methods to enforce a child support order. This includes contempt actions and garnishments, among others.

1 Answer | Asked in Child Support for Nebraska on
Q: Hi, I received a letter from the Nebraska child support services asking me to contact them to discuss a matter.

I am not on the birth certificate. The child is 13 years old. Previous father was taken off the birth certificate recently due to dna test, but is still in the childs life. I have also been in the childs life and provided for them with shelter, clothes, school supplies etc. The mother is... View More

Julie Fowler
Julie Fowler
answered on Jul 2, 2020

A court can order a party to take a DNA paternity test in a pending paternity/child support case. The Court can enter an order of sanctions, including a default order finding to be the father, if a parent doesn't follow the order for DNA paternity testing. If found to be the child's... View More

2 Answers | Asked in Divorce and Family Law for Nebraska on
Q: In my divorce decree, it states that my ex wife will take over our mortgage payment but my name is still on the mortgage

She’s not cooperating to have my name removed to refinance or loan assumption. We’ve been divorced since 2017. How do I go about getting my name off.

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Jun 15, 2020

Remember that your divorce decree is only valid as between the two parties involved - the Court that granted your Decree cannot force a bank to remove your name or allow the ex to refinance. As a best practice, my office typically ensures we draft a provision requiring the spouse keeping a mortgage... View More

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1 Answer | Asked in Child Custody, Child Support and Divorce for Nebraska on
Q: My son is getting a divorce after 5 years of marriage. They have a 9 month old baby My daughter in law moved out.

My son pays for her apartment. Part of the agreement was she watches the baby during the day so my son can work. She often calls and says she can’t because she is sick I believe she’s out on tinder dates If I can prove she is not wanting to watch her own child so she can be out and about,... View More

Julie Fowler
Julie Fowler
answered on Jun 9, 2020

Child custody determinations are very fact specific. A parent's involvement or lack of involvement with their child, as well as logistical considerations, are often taken into account when determining custody. If your son hasn't retained an attorney, he should do so asap.

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