Nebraska Child Custody Legal Questions

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152 legal questions have been posted about child custody by real users in Nebraska. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child support. All topics and other states can be accessed in the dropdowns below.

What are my options if I cannot pay the fines and I cannot go to jail because I would lose my custody case if I go to jail?

Answered 11 years and 11 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
Getting an attorney and seeing if you can work out a deal with the prosecutor.
Getting an attorney and seeing if you can work out a deal with the prosecutor.

Can a bipolar parent get emergency custody through ex parte with no job or no home for the children to live in with her?

Answered 11 years and 11 months ago by Helene Ellenbogen (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
She can only get emergency custody if something terrible has happened to the children while they were with you. Get a lawyer. It is highly unlikely that a court would give her the children under the circumstances you describe but if something terrible has happened, CPS could take the children and put them in foster care.... Read More
She can only get emergency custody if something terrible has happened to the children while they were with you. Get a lawyer. It is highly unlikely... Read More

Do we still go to court if my husband is requesting (in our divorce) that I be granted sole custody?

Answered 11 years and 11 months ago by Aimee Carol Robbins (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
You need to put your agreement into a Consent Order. In order to do that you have to have a custody case filed in the same court. You need an order to protect yourself should he change his mind or God forbid, took off with your children. Police need to have a court order to help you, should that happen.... Read More
You need to put your agreement into a Consent Order. In order to do that you have to have a custody case filed in the same court. You need an order... Read More

Who gets the child this Easter Sunday?

Answered 11 years and 11 months ago by Helene Ellenbogen (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Child Custody
Looks to me like father has Easter.
Looks to me like father has Easter.

Should I continue to pay child support to the father even after he reports the child missing since over a year ago?

Answered 11 years and 11 months ago by John F. Brennan (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Child Custody
See an attorney, generally changes to support and custody orders are not retroactive but would act prospectively relieving you of future liabilities.
See an attorney, generally changes to support and custody orders are not retroactive but would act prospectively relieving you of future liabilities.

Should I continue to pay child support to the father even after he reports the child missing since over a year ago?

Answered 11 years and 11 months ago by Helene Ellenbogen (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Child Custody
You can file a motion with the court to suspend payment until she is found.
You can file a motion with the court to suspend payment until she is found.

Should I continue to pay child support to the father even after he reports the child missing since over a year ago?

Answered 11 years and 11 months ago by Gerard A. Fierro (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Child Custody
You should stop paying the child support; and request that the Court modify the support order to zero at the earliest possible time.
You should stop paying the child support; and request that the Court modify the support order to zero at the earliest possible time.

When joint custody is granted, can the custodial parent move the child out of state?

Answered 11 years and 11 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Child Custody
Not without the court's or the other parents consent. You will not get the court's consent unless you can prove it is in the best interests of the child, not just your best interest.
Not without the court's or the other parents consent. You will not get the court's consent unless you can prove it is in the best interests of the... Read More

Can I get a custody order rescinded if the children have moved in with me full time?

Answered 11 years and 11 months ago by John F. Brennan (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Child Custody
You should certainly have the court's orders modified to conform with the situation as it actually is for any number of reasons.
You should certainly have the court's orders modified to conform with the situation as it actually is for any number of reasons.

Can my father sue her if she signs without his consent?

Answered 11 years and 11 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
He can go to court and try and stop it. You say your mother has sole custody. Is that also sole legal custody? Or just primary physical custody. If sole legal, she has the right to approve. If not, wait until you are 18 so mom doesn't get into trouble.
He can go to court and try and stop it. You say your mother has sole custody. Is that also sole legal custody? Or just primary physical custody. ... Read More

Can my ex, who has physical custody, monitor all contact I have with my children?

Answered 11 years and 11 months ago by John F. Brennan (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
It would appear to me that his activities are a bit beyond the pale, and beyond the authority which he should have over the relationship you have with your children. You have two choices, either working out with him and his new spouse or return to the courts for guidance and an order.
It would appear to me that his activities are a bit beyond the pale, and beyond the authority which he should have over the relationship you have... Read More

Can my ex, who has physical custody, monitor all contact I have with my children?

Answered 11 years and 11 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
First, what does the custody order say? Generally, children are allowed to have unsupervised communication with their parent, so that sounds live overreaching on the part of dad. I suggest you take the present order to a local family law attorney and see if dad is allowed to do this. If not, you might try for a contempt of court motion against him.... Read More
First, what does the custody order say? Generally, children are allowed to have unsupervised communication with their parent, so that sounds live... Read More

Can I move my children to a bordering state without permission from the father?

Answered 11 years and 11 months ago by attorney Sabina Tomshinsky   |   7 Answers   |  Legal Topics: Child Custody
It depends on your current parenting plan. If you don't have one and you were never married to the father, then you may move without the father's consent.
It depends on your current parenting plan. If you don't have one and you were never married to the father, then you may move without the father's... Read More

Is a person who fails to pay child support typically entitled to a court appointed attorney?

Answered 11 years and 11 months ago by John F. Brennan (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Child Custody
Generally the court will advise of the right to counsel or offer to appoint one if the defendant cannot afford one when the judge is contemplating jail time. Be patient, thing as going your brother's way. He should engage an attorney to represent him to assist in getting the best result. As of appointed counsel, she is not free and she will be expected to repay the cost to the state/county over time.... Read More
Generally the court will advise of the right to counsel or offer to appoint one if the defendant cannot afford one when the judge is contemplating... Read More

Is a person who fails to pay child support typically entitled to a court appointed attorney?

Answered 11 years and 11 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Child Custody
The problem is that your brother's ex is now facing criminal prosecution, i.e. criminal contempt of court for failure to obey the court's order. If your brother proves the contempt, his attorney can ask for the ex to pay your brother's attorney fees as well. But here is the rub - if she isn't working she can't pay child support and she can't pay the attorney fees. Your brother is incurring the cost of revenge. Of course if she can pay and just isn't, then it is well worth it to pursue her.... Read More
The problem is that your brother's ex is now facing criminal prosecution, i.e. criminal contempt of court for failure to obey the court's order. If... Read More
It appears that a petition to modify your current parenting plan with time-sharing schedule and child support should be filed to reflect your changed circumstances. You should consult with a family law attorney for further guidance as to all of your options.
It appears that a petition to modify your current parenting plan with time-sharing schedule and child support should be filed to reflect your changed... Read More

Is it possible for a sibling to get custody or guardianship?

Answered 11 years and 11 months ago by Aimee Carol Robbins (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
You have an excellent case. Your mother abandoned her children. File for custody and request child support. If your mother is gainfully employed, the child support will amount to a lot more than she is sending now.
You have an excellent case. Your mother abandoned her children. File for custody and request child support. If your mother is gainfully employed,... Read More

Do I have to still pay current and back pay child support if I terminate my rights?

Answered 11 years and 11 months ago by Ernest A Cardona (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Child Custody
That's a difficult question to answer without more information. You can't just terminate your parental rights and thereby eliminate your support obligations. If someone manages to get an order terminating your rights (and obligations) as a parent, usually the custodial parent would do this, then you won't have to pay ongoing support. You might still be responsible for past due support, especially if the money owed is for welfare payments to the other parent. You need to provide more information.... Read More
That's a difficult question to answer without more information. You can't just terminate your parental rights and thereby eliminate your support... Read More

Do I have to still pay current and back pay child support if I terminate my rights?

Answered 11 years and 11 months ago by attorney Sabina Tomshinsky   |   6 Answers   |  Legal Topics: Child Custody
If your rights as a parent are terminated, then your obligation to pay current / prospective support is also terminated. However, arrearage is not eliminated unless the other parent agrees to waive it or reach another agreement with you on the same, which would then have to be ratified by the Court.... Read More
If your rights as a parent are terminated, then your obligation to pay current / prospective support is also terminated. However, arrearage is not... Read More

How do I go about stopping my son's mother from moving him out of state?

Answered 11 years and 11 months ago by attorney Sabina Tomshinsky   |   8 Answers   |  Legal Topics: Child Custody
You should refer to your parenting plan as to relocation restrictions. Generally, when a parent intends to move with a minor child more than 50 miles away, then that parent must file a petition to relocate and serve the other parent and then have the Court adjudicate the issue.
You should refer to your parenting plan as to relocation restrictions. Generally, when a parent intends to move with a minor child more than 50... Read More
Unfortunately, grandparents in Florida do not have any rights to visitation.
Unfortunately, grandparents in Florida do not have any rights to visitation.
If you are in Michigan all of this is calculated and set up as part of the Michigan child support guideline formula.
If you are in Michigan all of this is calculated and set up as part of the Michigan child support guideline formula.