Nebraska Child Custody Legal Questions

Yes, getting Temporary Custody of the child while the biological parents are unable to provide for the child is possible. Does your sister agree to allow you to take care of the child? If so, you might not have to go through court-litigation and a simile agreement out of court might be able to suffice based on the understanding you guys have. Feel free to reach out to discuss more if you like. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in NE.... Read Answer

The answer is maybe. First of all does the father have any rights of placement or custody? If he does then he might have the right to take the child out of State for a short time. He only needs the permission of the mother or an order from the court if he is moving The child more than 150 miles away from the other parent, or taking the child out of state for more than 90 days?unless there is a contrary court order. The mother could, among other things, bring a contempt action against the father if he violated anything in a court order If she can afford it she can hire a lawyer in the State where the child is now located, who may have a number of techniques?including habeas corpus. So... check the most recent court order relating to custody or placement. You may want to contact a lawyer where the child is now located. You could also call the police, either here or where the child is staying.... Read Answer

Generally, a parent cannot give up their parental rights to their own child unless an adoption, whether this is by a third party or by a step-parent, has or will take place. There must be a willing and able parent ready to assume the responsibility. There must be good cause for a court to terminate the rights of a parent. Not seeing or supporting a child is not a good cause reason to terminate parental rights. Communication of information by, in, to or through this Web site and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.... Read Answer

You must pay support until you get the court order modified. If your son has been living with you less than six months, you may need to modify in Nevada. If he has been with you more than six months or the original court order for support is out of South Dakota, you can work with a SD attorney to modify.... Read Answer

Hello. You don't have temporary custody. What you have is a temporary delegation of parental powers. If the mom decides she wants her child back, she can revoke a notarized delegation at any time. To gain temporary or permanent custody, you need a court order. This could be done by filing for a guardianship in the county where you and the child reside. You should visit with an experienced lawyer about what you would need to file and prove for this to happen legally.... Read Answer

The case law is very clear that if you do not have written permission from the other parent, you need a court order to allow you to move. You will need to put your move on hold because it is also not allowed to obtain a "temporary removal order". You need to file a modification, have him served, and request an expedited hearing. Then you will need to present evidence on the many factors required by Nebraska law and the judge will make the final decision. You really do need to file a modification immediately and contact an experienced lawyer to help with this.... Read Answer

If he is paying through the court, then paternity has been established and he can file to modify and obtain parenting time. That is the short answer. His best bet is to visit with an attorney confidentially about all of the specifics of his unique situation to weigh his options. Best wishes to your family!... Read Answer

First, if she files a divorce, she can then file an emergency restraining order allowing her to stay in the house while the case is pending, get child support and get maintenance. It should also restrain him from moving around money, insurance etc. It will protect her immediate interests and pave the way for a long term division of assets. If she doesn' want to do that, she is free to leave, but a court could order her to bring the child back. She could also, in the emergency order (if she doesn't want to stay in the house) ask the court to allow her to take the child to the other state, pending resolution of the case.... Read Answer

If you do not Answer the Complaint, the complaining party can set a default hearing and get what they are asking. In some circumstances, if you hire a lawyer after the 30 days, you may be able to get Court permission to file an Answer out of time. You should talk to a lawyer right away and bring them the Complaint and documents you received so they can advise you.... Read Answer

First things first. I am deeply sorry to hear of your son's suicide. I hope you never have such grief again. You definitely need a skilled family law attorney. If you can prove that you did not receive notice of motions or hearings, for example, your lawyer could move to reopen matters and very possibly include a contempt charge among other motions to straighten things out. But this is not something that a lay person can do for herself. In every major city there are law firms, public and private, which provide legal services at reduced prices for people who cannot afford the usual legal fees. There are also a good many lawyers who believe it or not have a heart, and will offer some kind of payment plan.... Read Answer