Melissa Marie Oestmann’s Answers

Melissa Marie Oestmann

Omaha Juvenile Law Attorney.

Contributor Level 8
  1. How do I get my daughter back?

    Answered about 2 years ago.

    1. Melissa Marie Oestmann
    2. Brendan Michael Kelly
    3. Ashley Lee Albertsen
    3 lawyer answers

    You can file in Nebraska alleging that the child has not lived in any state for at least six months, and that Nebraska has (1) "significant connections" with the child and at least one parent and (2) "substantial evidence concerning the child's care, protection, training, and personal relationships". You did not mention how long you have been in Nebraska, but if either you or ht mother intended to make Nebraska your new state of residence, then you might be able to file in Nebraska. The Uniform...

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  2. My boyfriends sons mother informed him that if u does not sign his rights away shes going to take further action!

    Answered over 1 year ago.

    1. Melissa Marie Oestmann
    2. Mary Kay Hansen
    2 lawyer answers

    Your boyfriend needs to speak with an attorney to find out what his rights are. Child support is based off the income of the mother and the father-it is not some random number that the mother wants. Please let me know if you have further questions.

    2 lawyers agreed with this answer

  3. My ex is suing me privately for child support he states he has paid, for which he has not.

    Answered over 1 year ago.

    1. Brendan Michael Kelly
    2. Ashley Lee Albertsen
    3. Melissa Marie Oestmann
    3 lawyer answers

    If you do not show up for the hearing, then your ex could get a default judgment in his favor. You will need to request a continuance so that the hearing can be moved to time that you are available. However, since you stated that the STATE is going after him for child support-do you mean the attorney for child support enforcement? If so, then that attorney will be present at the hearing as well and seeking the back child support. Either way, contact an attorney to at least have an initial...

    2 lawyers agreed with this answer

  4. What forms or documents do I need to submit to court for immediate custody of my childrent when ex husband has sole custody?

    Answered almost 2 years ago.

    1. Melissa Marie Oestmann
    2. Ashley Lee Albertsen
    3. Brendan Michael Kelly
    3 lawyer answers

    In order to change a custody order, you need to file an Application to Modify. If the case has been referred to Juvenile Court, then you need to attend those hearings and ask for custody and/or placement. Even though you said you do not have extra money to hire an attorney, it may be worthwhile to have an initial consultation with an attorney and get a better understanding of what you can do on your own to get custody. Good luck!

    2 lawyers agreed with this answer

  5. Since me an my ex lived together for at least 6 months out of the year an he has custody of my child is it still on going

    Answered about 2 years ago.

    1. Ryan Douglas Caldwell
    2. Ashley Lee Albertsen
    3. Melissa Marie Oestmann
    3 lawyer answers

    Since you gave him custody three years ago, there is probably a Decree that states who has custody in the eyes of the law. Thus, you could probably get in trouble for just taking her. However, my collegues are correct. You need to hire a local attorney to modify the custody arrangement and get an emergency temporary hearing to get immediate custody of your daughter. Since he is a sex offender, you have a valid reason to modify the custody arrangement and a good argument that custody needs to be...

    2 lawyers agreed with this answer

  6. If the mother doesn't request child support, is it mandatory? Especially if the child is staying at home with me in the home.

    Answered about 2 years ago.

    1. Ashley Lee Albertsen
    2. Melissa Marie Oestmann
    3. Ryan Douglas Caldwell
    3 lawyer answers

    Child support is determined by the Nebraska Child Support Calculator using information included but not limited to both parents income, retirement contributions, and custody of the minor child. Since you have custody of the minor child, you should be the one requesting child support and custody of your son. Rarely is child support determined between the parties not using the Nebraska Child Support Guidelines because child support is in the best interests of the minor child. Consult with a local...

    2 lawyers agreed with this answer

  7. If im bout to hav a babi and my parental rights was term from my other kids.Can i hav more kids?

    Answered about 2 years ago.

    1. Melissa Marie Oestmann
    2. Brendan Michael Kelly
    2 lawyer answers

    There is not enough information here. If your rights to your other children were terminated by the Juvenile Court, it is possible for the State to file on you when you have this new baby, especially if your circumstances have not changed since the termination proceeding. The fact that a parent has had their rights terminated to previous children may be used as evidence for a new baby. Contact a local attorney to discuss your exact circumstances.

    2 lawyers agreed with this answer

  8. I have 3 children and the father is receiving child support but the children have not lived with him for years.

    Answered about 2 years ago.

    1. Melissa Marie Oestmann
    2. Ashley Lee Albertsen
    3. Brendan Michael Kelly
    4. Peggy Margaret Raddatz
    4 lawyer answers

    There is not enough information here. However, presuming that the child support order was established in Nebraska, a parent pays child support for a child until their 19th birthday. Thus, when your son and oldest daughter reached the age of majority, your child support should have theortically went down presuming that the child support was based on income that did not put you below the poverty level. If the father is filing a modification of child support seeking more support, you have a good...

    2 lawyers agreed with this answer

  9. I will be getting back pay from ss disability--will my husband be entitled to that money before or after divorce?

    Answered over 1 year ago.

    1. Melissa Marie Oestmann
    2. Brendan Michael Kelly
    2 lawyer answers

    Normally inheritances are the sole property of the one who inherited. However, there are a few exceptions to that rule. Consult with an attorney. Many attorneys offer initial consultations and can answer your specific questions.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. Does denying child visitation for the 2nd time with no good reason have to go through court or is there a faster way?

    Answered over 1 year ago.

    1. Melissa Marie Oestmann
    2. Brendan Michael Kelly
    2 lawyer answers

    Unfortunately, there is a process. However, it seems as though your boyfriend has a good case to attempt to modify for custody given her actions. I do recommend getting a lawyer to discuss his rights and options available to him.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful