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Nebraska Questions & Answers
1 Answer | Asked in Adoption, Child Custody and Family Law for Nebraska on
Q: I am a 16 year old adopted child my mom keeps taking my phone that she doesn’t not pay for nor she bought.

What can I do to prevent this from happening?

Julie Fowler
Julie Fowler
answered on Oct 31, 2024

Generally, a parent can take a child's cell phone. This includes as part of a disciplinary measure or if the parent wants to limit or prohibit cell phone or social media use.

Almost every school now has a school counselor available to students to help talk about issues they are...
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2 Answers | Asked in Animal / Dog Law for Nebraska on
Q: If I have a fenced in back yard and the neighbor does not, what is my liability if their dog puts its face through the f

Am I financially responsible?

Julie Fowler
Julie Fowler
answered on Oct 10, 2024

Put up a Beware of Dog sign. Talk with your neighbor and let them know that your dog is not friendly and that they shouldn't let their dog come into your yard or try to get through your fence into your yard. Depending on your level of concern and the power of your dog, you could put up mesh... View More

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2 Answers | Asked in Animal / Dog Law for Nebraska on
Q: If I have a fenced in back yard and the neighbor does not, what is my liability if their dog puts its face through the f

Am I financially responsible?

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

If your fence is properly maintained, you generally would not be liable if a neighbor's dog puts its face through it and gets injured. The responsibility typically falls on the dog’s owner to control their pet. Your liability would only arise if there is a defect in your fence that creates a... View More

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1 Answer | Asked in Consumer Law for Nebraska on
Q: Is a storage unit responsible?If you're unit gets mice and ruins your belongings
Julie Fowler
Julie Fowler
answered on Oct 10, 2024

You should contact the storage unit company and report the damage. Once aware of the problem, they will need to take reasonable steps to try to remedy the situation so that further infestation isn't occurring in their units. This could be things like spraying or rat traps, if they... View More

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Cps took my granddaughter and placed her in harms way. What can I do to get her back ASAP?
Julie Fowler
Julie Fowler
answered on Oct 10, 2024

It depends why the child was removed. Often the fastest way to get a child back is to remedy whatever the alleged concern was that led to the removal. If you are not the legal parent, then you may additionally have to prove that the legal parents are not fit. The preferred placement under the... View More

1 Answer | Asked in Family Law for Nebraska on
Q: Can someone file ex parte under false alligations? The father filed and took the baby from my daughter. Baby now in harm

Harms way. Family are alcoholics, assaulted my daughter with baby in arms , brother shot girl friend in head and they all live there and baby sleeps on floor now lawyers want 300 consultation and 5000 detainer can’t afford it

Julie Fowler
Julie Fowler
answered on Oct 10, 2024

When an ex parte order is granted, the Court gives you an opportunity to show your evidence and refute their evidence relatively quickly. Technically the hearing must be set within 10 days of the ex parte order being granted. You will need to present your evidence at that hearing to provide proof... View More

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: Does my ex have a say in who I choose for childcare?

My ex is refusing to pay his half of the nanny’s hourly rate (market rate) because he says it’s too expensive.

Other items of note:

Custody is Joint legal and Sole Physical

Ex lives overseas and visits are infrequent - He does not use most of the agreed parenting time... View More

Julie Fowler
Julie Fowler
answered on Oct 9, 2024

If there is joint legal custody, then both parties have some say. Most orders include language about making sure the child care is reasonable and necessary. Thus, you generally don't have to choose the cheapest child case but you also can't choose a child care that costs what is beyond... View More

2 Answers | Asked in Construction Law for Nebraska on
Q: I need some help filing a house damaged claim against GPC from work that a contractor did through this company.

They hired a sub contractor to do the work 2 or 3 years ago and in June the my sub pump pipe was severed and flooded my home with all wood flooring. It back up into the home on June 16th 2024. There was a rep from GPC at my house with my plumber and stated that was the work of their under ground... View More

Julie Fowler
Julie Fowler
answered on Sep 20, 2024

It isn't clear exactly how the parties are related to you here. However, generally you can send a demand letter setting forth your request for compensation. If that doesn't get a response, you may need to file a legal action for the damages. Keep in mind that some of the statute of... View More

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2 Answers | Asked in Construction Law for Nebraska on
Q: I need some help filing a house damaged claim against GPC from work that a contractor did through this company.

They hired a sub contractor to do the work 2 or 3 years ago and in June the my sub pump pipe was severed and flooded my home with all wood flooring. It back up into the home on June 16th 2024. There was a rep from GPC at my house with my plumber and stated that was the work of their under ground... View More

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

Alright, here’s how you can handle this:

First things first, get your evidence together. You’ll need everything—documents showing what work was done, the damage to your house, and communication with both the contractor and GPC. If GPC hired the subcontractor who screwed up, they might...
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2 Answers | Asked in Employment Law and Health Care Law for Nebraska on
Q: I have been working since July 23rd 2024 doing home Health Care and have yet to be paid
Julie Fowler
Julie Fowler
answered on Sep 20, 2024

This depends in part on the terms of your contract. Further, the answer depends if you are legally considered an employee or a contractor.

If you are an employee, you can bring an action under the Nebraska Wage Payment and Collection Act, which starts at Nebraska Revised Statute 48-1228....
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2 Answers | Asked in Employment Law and Health Care Law for Nebraska on
Q: I have been working since July 23rd 2024 doing home Health Care and have yet to be paid
Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

NE has a state agency that handles wage claims- Nebraska Department of Labor- find them on internet. Under Federal and state laws, employees are entitled to wages for all hours worked. Most states require payment of hourly wages no less than twice a month, or it could be as frequently as by the... View More

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1 Answer | Asked in Adoption and Family Law for Nebraska on
Q: I paid an attorney for my husband to adopt my grandson, who I have custody of in 2019 and still do not have the papers.

I have custody of my grandson and in 2019 I paid a lawyer over $500 for my husband to adopt him. The lawyer guaranteed me that we would be in front of the judge before adoption month, November 2019. We have not been in front of a judge, have not received any papers , we haven't even talked to... View More

Julie Fowler
Julie Fowler
answered on Sep 10, 2024

Most adoption cases are wrapped up within a number of months. Even cases that go to trial and go up on appeal are generally resolved in a matter of years. Thus, something isn't adding up if you hired an attorney in 2019 and the adoption case isn't finalized by now.

If you are...
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1 Answer | Asked in Estate Planning for Nebraska on
Q: Can a minor inherit a dead parents possessions with no will and no spouse

No other children

Julie Fowler
Julie Fowler
answered on Sep 10, 2024

Nebraska statute section 30-3203 describes how the estate passes when an unmarried person dies without a will.

Neb. Rev. Stat. Section 30-3202 states in part: "The part of the intestate estate not passing to the surviving spouse under section 30-2302, or the entire intestate estate...
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2 Answers | Asked in Civil Litigation, Family Law, Child Custody and Civil Rights for Nebraska on
Q: Ex mother in law took daughter night baby mama was arrested. I went to go get daughter and there is a trespassing order

August 31st baby mama was arrested for multiple charges. My ex mother in law took my daughter. I haven't seen my daughter in 4 months. Ever since baby mama went to jail I've been trying everything and anything. Law enforcement is no help what so ever. All they tell me is that it's a... View More

Julie Fowler
Julie Fowler
answered on Sep 10, 2024

From what you describe, it sounds like you need to file a custody action asap. This is a type of civil action. The longer you wait to file the action, the harder your case becomes. When you file your custody action, then the Judge gets to decide who should have custody of the child. A... View More

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1 Answer | Asked in DUI / DWI for Nebraska on
Q: Can I be followed by a cop because he heard me hit the rumble bars?

He was on the side of the road and heard me hit the rumble bars and flipped around to follow me then pulled me over for dui.

Rich Maloumian Jr.
PREMIUM
Rich Maloumian Jr.
answered on Sep 3, 2024

Driving erratically can generally be a legal basis for being pulled over. Specifically driving out of a designated lane onto the shoulder where the road is serrated may give an officer probable cause to follow a vehicle and initiate a stop. The officer’s observations of how the vehicle was... View More

1 Answer | Asked in Civil Rights for Nebraska on
Q: Was I supposed to be read my Miranda rights?

I was detained, brought to the backroom, questioned, and cited in Scheel's recently without them reading me my Miranda rights. I was on my lunch break with a co worker and we stopped to grab some darts, a part for his gun, and some new boots. I had grabbed a few packs of dart flights, a set of... View More

Julie Fowler
Julie Fowler
answered on Sep 3, 2024

Not necessarily. It isn't an automatic dismissal for not having your rights read. However, under the facts you describe, you may have a valid motion to suppress. Further, if you didn't pass the point of sale, you may be able to get your charges dismissed, depending on the overall facts... View More

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: I need help getting my grand parents rights

I was seeing my grand daughter just about every day now I can’t see her because my daughter won’t let me because she is mad

Julie Fowler
Julie Fowler
answered on Sep 3, 2024

You may be able to bring a case for grandparent visitation rights.

It would be your burden to prove by "clear and convincing evidence" that you had a significant beneficial relationship with the child. You would also have to should that it is in the child's best interests...
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1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: If a child’s parents are not together and the custodial parent passes away , does the non custodial parent receive child

If the custodial parent passed away and a temporary guardianship is given to a family member, does the non custodial parent have rights to receive custody of their child?

Julie Fowler
Julie Fowler
answered on Sep 3, 2024

If one parent passes away, generally custody goes to the surviving parent. However, there are exceptions to this. If the Court has entered a temporary guardianship order, then the Court has granted custody to a third-party instead of the surviving parent. If the surviving parent wants to fight... View More

1 Answer | Asked in Family Law for Nebraska on
Q: if an adult son charges mom with allegations of child abuse, th e n what happens.
Julie Fowler
Julie Fowler
answered on Sep 3, 2024

If a person is charged with child abuse, they will be entitled to court-appointed counsel if they can't afford their own attorney. Their name also is placed on the Nebraska child abuse registry. A person can be charged with child abuse for a child that is now an adult if there are still... View More

2 Answers | Asked in Divorce for Nebraska on
Q: We remortgaged our house and my name is on the loan. Am I entitled to half of that money?
Julie Fowler
Julie Fowler
answered on Sep 3, 2024

It sounds like you are referring to a HELOC or a cash-out refinancing. These "mortgage-type" documents states who is liable to the bank to repay the loan. It doesn't state who is owed the money from the HELOC or cash-out refinancing. Who is entitled to the money depends in part on... View More

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