Vanessa J. Gorden’s Answers

Vanessa J. Gorden

Lincoln Family Law Attorney.

Contributor Level 10
  1. Does a notarized/signed piece of paper hold weight in court in regards to custody? If so, is there a time limit to its validity?

    Answered over 1 year ago.

    1. Vanessa J. Gorden
    2. Jamie Christine Cooper
    3. Ashley Lee Albertsen
    3 lawyer answers

    It depends on what you signed. Without going through a court guardianship or adoption process or juvenile court abuse/neglect proceedings, your rights as a parent are 100% superior to the rights of your brother as custodian. If you signed a power of attorney or temporary agreement it cannot last longer than six months in Nebraska. Simply type and sign a revocation of the temporary agreement and take it to your brother and pick up your children. If the custody changed due to some form of court...

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  2. Can i switch judges or county courts in the middle of a divorce process if i move to a different county

    Answered about 1 year ago.

    1. Brendan Michael Kelly
    2. Vanessa J. Gorden
    3. Tracy Hightower-Henne
    4. Lee Alan Thompson
    5. Alan James Brinkmeier
    5 lawyer answers

    The only way to move venue (the court hearing the matter within the same state) is if it becomes terribly inconvenient or unfair to continue in your original court of jurisdiction. If, for example, you move very far away and the other parent/soon to be ex-spouse does not reside anywhere near Omaha anyway, you could perhaps make that argument. However, generally you are stuck with the original court of jurisdiction. Also, please understand that being in a smaller county does not guarantee a...

    3 lawyers agreed with this answer

  3. Under Ne law if my parental rights are terminated and I have another child will my rights be terminated for that child too?

    Answered 3 months ago.

    1. Vanessa J. Gorden
    2. Brendan Michael Kelly
    2 lawyer answers

    Generally, the benefit to relinquishment in a case where termination is very likely is that DHHS will still have to make reasonable efforts regarding any future children. While the termination in the future is not automatic, prior terminations MAY be used as the basis for immediate removal and a Motion to Relieve Reasonable Efforts Requirement filing by DHHS in the future. Hope this helps.

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  4. If my husband wants to adopt my child and the biological father is willing to give up his rights what is the next step?

    Answered about 1 year ago.

    1. Vanessa J. Gorden
    2. Brendan Michael Kelly
    2 lawyer answers

    The process is fairly involved. Your son will have needed to have resided with your husband for six months prior to filing the stepparent adoption. There would need to be two types of background checks done. If biological father has past due child support, that may need to be dealt with. Nebraska courts want children to have two parents who are responsible for them (financially at least) at all times, and so biological father cannot fully relinquish his rights until the adoption is all clear.

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  5. I'm the adverse party in a divorce and my ex's attorney put an attorney lien on me...what does this mean?

    Answered 9 months ago.

    1. Vanessa J. Gorden
    2. Dean George Tsourakis
    3. David Alexander Browde
    4. Brendan Michael Kelly
    4 lawyer answers

    Liens aren't placed on persons but on property. If you and your spouse jointly own a house or car, then the lien is on your spouse's share unless you are ordered to pay your spouse's attorney fees as part of the divorce.

    2 lawyers agreed with this answer

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  6. Are there any benefits of being the one who filed for a divorce first in the state of Nebraska?

    Answered 12 months ago.

    1. Brendan Michael Kelly
    2. Vanessa J. Gorden
    3. Lee Alan Thompson
    3 lawyer answers

    It sometimes looks as if "first to file" has a benefit, particularly in cases where one spouse was planning for a long time, putting money away separately, etc., but in reality there is no real benefit to being the Plaintiff versus the Defendant. As Defendant, you can still file a Motion to deal with temporary matters if needed, even before you Answer and Counterclaim in response to his Complaint for Divorce. You should visit with a local attorney who specializes in divorce to learn more about...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. How do I go about revoking my sons bio dads rights since he is not in his life and doesn't pay is child support?

    Answered over 1 year ago.

    1. Vanessa J. Gorden
    2. Ashley Lee Albertsen
    2 lawyer answers

    You cannot simply have a bio-father "sign over his rights" to eliminate him from the child's life. There are, however, some options for you...If you do not have a custody order in place, you can obtain one and have the Court issue an "absent parent" parenting plan so that the father cannot suddenly appear and make demands on parenting time over your objection, for one. There is a very-seldom-used procedure to terminate a parents' rights through a District Court action. Unless LB380 passes, you...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Can I involuntarily terminate my son's birth fathers rights due to abandonment without a lawyer and how do I do so?

    Answered 3 months ago.

    1. Vanessa J. Gorden
    2. Brendan Michael Kelly
    2 lawyer answers

    Before your fiance can adopt, you will need to be married already and you will need to have lived together with your son for 6 months after marriage. Your then-husband can then petition to adopt as a stepparent if he will meet all the requirements. You can terminate bio-dad's rights as part of the stepparent adoption. There is a little used procedure to terminate bio-dad in district court without an adoption, but it seems silly to do two cases instead of one. As to whether you need a lawyer,...

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  9. School keeps calling CPS on 6yr old diagnosed with medical problems

    Answered 9 months ago.

    1. Vanessa J. Gorden
    2. Brendan Michael Kelly
    3. Golnar Sargeant
    3 lawyer answers

    Other answers on here are correct in a sense - i.e., that legally, the school is required to report suspected abuse or neglect and all instances of truancy and DHHS/CPS is required to investigate each such instance. However, if this is an ongoing problem and you think you have sufficient medical evidence, you may wish to visit with a lawyer about trying to put your son on an alternate medical plan for his education OR doing a meeting with DHHS intake and the school and an attorney to discuss...

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  10. How can I see my kids if we have an vistion ordered but my ex let's Me see them when he feels up to it.

    Answered 9 months ago.

    1. Vanessa J. Gorden
    2. Brendan Michael Kelly
    2 lawyer answers

    Visit one of the VLP Self Help desks and ask how to file a contempt action. If your ex is in contempt he may be ordered to repay your attorney fees as part of that.

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