Nebraska Child Custody Legal Questions

Juvenile court and criminal court are two different things. If you truly did not know, it is unlikely you would be charged criminally. If CPS is involved, a juvenile court case will likely follow. You did the right thing to get rid of this guy and choose to put your child first. What you should do is go to an experienced lawyer who handles both criminal and juvenile cases and tell them exactly everything under lawyer-client privilege. Then, you should stay away from the abuser, forever, unless you want to lose your child. You should cooperate with law enforcement and CPS with your lawyer by your side. And you should make sure your son knows you will never let this happen again. You can get through this and get back to normal. Best wishes!... Read More

Yes, you do have to modify to stop support, and soon, as past due support is not modifiable. As you know, the age of majority is 19 in Nebraska. If your son is living with you with mother's consent, she should be willing to sign the modification papers. The Court is very likely to allow an 18 year old to decide where he wants to be. You do need to consult with an attorney. If you cannot afford one, you should use your local Self Help Desk to get some guidance. Best wishes.... Read More

You can bring a modification action in the state that has jurisdiction to make sure both of you have the correct obligation. Talk with an attorney though - when the parents live in different states, this can be a bit more complicated. For visitation/parenting time, at this point, if your 16 year old wants to come see you, the court will likely let him over mom's objection, but if he doesn't, the court won't force him to do so. Talk with an attorney about what your specific current order says about parenting time.... Read More

Technically, you are in contempt if you do not comply with the court order. However, the fact that it has been so long may give you a reason to file for a modification and request a temporary order for a step-up plan. This may depend on how old your child is and whether there are any safety or other concerns other than dad's absence for this period of time, as well as what dad's reason for being absent (moved out of state and moved back, for example, may be more excusable than if he were incarcerated or something). You should visit with an experienced family law attorney in your area about your specific current Decree/Parenting Plan and the specific facts of your family's situation before determining your options.... Read More

You would need to look at the specifics in your parenting plan or court order to see how the schedule works. Generally, you would work with grandma and the other parent to set the time and grandma will need to be present at all times during the visit. Consult with your attorney (or an attorney) if you aren't sure how to set this up or what is or is not allowed under supervised visits. Best wishes.... Read More

You would file a modification of custody, support and parenting time. To obtain a modification, the moving party must prove (1) a material change in circumstances and (2) the child's best interests. Because of your daughter's age, if she has sound reasons for wanting to live with one parent over the other, the court will generally take her wishes into account. You and the other parent will each need to comply with the Nebraska Parenting Act (taking the co-parenting class and also mediation if you cannot come up with a parenting plan on your own). You should at least visit with an attorney about the specific facts, strengths & weaknesses of your case and to get an understanding of the process and your options. Best wishes.... Read More

Each child is considered separately. I'm not clear from your question what type of court action the other family member is filing - it could be a guardianship (which does not terminate parental rights) or an adoption. Your best strategy would be to also file for legal custody if you have not done so. An informal arrangement means either biological parent can show up and take the child some day and you would be powerless to stop it without a court order. If you have a legal court order, look at your order. If it is custody (by grandparent intervention in a divorce or paternity suit), mother's and father's rights are not terminated. If it is guardianship, mother's and father's rights are not terminated. However, in both of these, mother would have to take you back to court and prove she is now fit to take back her son. If it is adoption, it is full and final termination of both parents' rights and they would only have the access to the child you allow, the same as your neighbor or friends do (if you allow visits, etc., is up to you). I hope this is helpful. You should consult directly with an experienced family law attorney to get more specific information on your situation. Best wishes.... Read More

That would be enough to potentially have a DHHS investigation, but generally the goal is to keep your child with you if your child can be safe in your home. If you have a long history of similar issues, or they find anything else upon returning the child, that may result in a removal. You should cooperate with the DHHS investigator. If you are uncomfortable, have an attorney present when they meet with you.... Read More

It depends on the circumstances, but the general answer is yes. They can say that it is neglect. If they returned the child to you and didn't issue a ticket and didn't take the child into what would be called protective custody, i.e., foster care, it should be all right. You do need to correct the situation however.... Read More

You should nominate your husband as guardian in your will so that he can ask for custody based on the nomination and in loco parentis (the fact he has been acting as a parent to them). You could also look into a stepparent adoption if biological father would agree. Without either of those things, your children's father would automatically have custody if you passed away. Talk with a lawyer about your options.... Read More

You cannot get guardianship without a court order. However, if your daughter is in agreement, she could sign a Temporary Delegation of Parental Powers, available from the Nebraska Supreme Court Self Help web site. That document is non-binding and can be revoked by the mother at any time. Also, if the father changed his mind and wanted to intervene, he can. But as to day to day decision making, and having the child reside with you, the document would be sufficient. If you need to have guardianship to ensure daughter must prove stability before returning to parenting, you would need to go through the Probate court to set that up. It can be complicated and thus you would need to at least visit with an attorney.... Read More

If such an order can be changed, it can only be changed by motion or petition made by your fiance to the court, because you are not a party to his divorce action. Even though you are identified in the decree of divorce is someone who your fiance is ordered to keep away from his kids, that does not allow you to go into court and plead your case for a change. Your fiance, however, as a party to the divorce action and apparent to the children, could go back to court and try to persuade the judge to modify this provision, especially once you married your fiance on the grounds that you are spouse and that it would be incredibly impractical for him to keep his own life away from her stepchildren. Because you have no criminal record and there's no evidence to prove you are a danger to these children, that would certainly help in making a persuasive argument for change.... Read More

You absolutely need to hire an attorney to address this situation. You should do that as soon as possible and not wait and hope things get better. Your situation cannot be resolved via email or with a quick idea or two posted to an online message board. You need to asserts your parental rights.... Read More

Removal [from jurisdiction] cases can be very complex. You would definitely want to retain an attorney to help with this process. In order to properly be allowed to move from the state with the minor child, you would need to seek a modification of your Decree. The judge would determine whether removal from the jurisdiction with the minor child is appropriate by considering a number of factors including, but not limited to: the legitimacy of the motives for the move, educational opportunities, the probability of career enhancement, extended family in the new location, the impact the move would have on the relationship between the child and the non-custodial parent, and the overall best interest of the minor child.... Read More

First, you aren't clear whether the "custody arrangement" is a court order or a private arrangement. If it's the latter, it's legally not valid and can not be enforced. Therefore there would be no basis for contempt. If it is a court order, then it is enforceable but only to the extent of the exact language (does it allow you to speak to the kid by phone?) Whether or not the court will allow a telephone appearance is up to the judge/court so make a motion and ask the court (via a call to the clerk) to appear by phone. If you don't have a court order, just a private arrangement then it's time to smell the coffee and get a real order.... Read More

You need to inform the state, in writing that you are now living with the father and therefore no more child support transfer needs to occur. However, if you received state benefits for the kids while you were not living together and he did not pay them at the time, he will have to pay that arrearage.... Read More

It sounds like you are being manipulated. The child support is to provide for food and shelter. Basketball is a luxury that should be paid for at your discretion. You ex should share in the transportation. Look at your custody agreement/ support agreement. If it does not spell out the minutia, maybe you can get together and work out an agreement to stop the petty fighting.... Read More

As long as there will be no government assistance needed by either party, chances are good the judge won't care if you both agree to waive child support. I presume that you have in your proposed order an equal splitting of any extra curricular activity costs as well as medical and dental bills, etc. I know you are trying to your divorce on the cheap; however, it would not hurt to have an attorney to review the document on your behalf to make sure all areas have been covered.... Read More

The court can deviate from the standard child support amount if there are additional children. However, the court will usually only do that if there is plenty of money in the household of the parent receiving support. The court would certainly look to see that you are working so that support for your children is also provided by both parents. If he had three kids, he should have thought about having any more if he couldn't afford child support. The court will not deprive the first set of kids in favor of the second.... Read More