I am trying to gain custody of my son while mother is incarcerted. I am in another state. Have issuses with jurisdiction.

Asked over 1 year ago - Omaha, NE

Mother is facing 4th DUI in the state of NE. I am in TN, and trying to gain custody of my 4 year old son. Running into problem with her not being convicted of the crimes, therefore child is being placed with grandparents. This looks like it could go on for a year or so. Mother has Public Defendent not sure when case will be heard. How can I get this moving along and get my son with me?

Attorney answers (2)

  1. Justin High

    Contributor Level 6

    1

    Lawyer agrees

    1

    Answered . If the child is living in NE now, there is a strong chance you will have to pursue a modification in NE under the UCCJEA. You would need to file a Complaint to modify the existing custody decree.

    The Court will have to decide what is in the best interests of the child. There appear to be three logical choices: 1. Remain with mom, who might be going to prison for a long time. 2. Stay with grandparents. 3. Move to TN with you.

    It sounds like there has been a temporary hearing, but I'm not 100% sure. I'd have to get more case info.

    I can help you with that. Feel free to call me at 402-321-0580.

  2. Brendan Michael Kelly

    Pro

    Contributor Level 18

    Answered . You would need to file a request to have a custody modification take place, but it will be in Nebraska. Not much else to do at this point. If you do not have a legal custody order then you could file it in TN. Hope that helps. Give us a call we can help. We do offer a free consultation to assist people accused of offense(s). Give us a call at (402) 455-1711.

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