My daughters father hasn't seen her or had any contact with her for the past 3 months and I am thinking about taking him to court when we get to 6 months. When I go to file and after we go to court does her father still have to pay for child supp...
Abandonment is not a stand-alone legal action, it is an allegation that serves as grounds to terminate parental rights. If you file to terminate his rights on the basis of abandonment and are successful, the termination will also terminate his responsibilities as a parent including child support. Further, most courts do not want to "orphan" a child as to a parent unless there is an adoption in the works. If you are concerned the father will pop in and out of your child's life, you may want to establish or modify a parenting plan for him instead. Best wishes!See question
Wanting to move away
The age of majority is 19 in Nebraska. If you leave before then without parental consent, you are a runaway. Best wishes.See question
My dad wants to emanicpate me. He wants me to bring him the papers for him to sign and then never contact him after that. I am pergnant and want to live with the father of my child, which I have been doing but my father gets mean and threatens to ...
I would suggest that you contact the child abuse hotline. Your parents are responsible for you until age 19 in Nebraska. Unless you are getting married, you will be wholly without legal protection if your parents refuse to support you. There is no action for emancipation in Nebraska and there is no mechanism whereby a parent can voluntarily relinquish parental rights to avoid their legal obligations as the father is trying to do here. DHHS may be able to assist you with independent living - and the key word here is "independent" - which you will not be set up to be if you are relying on a parent or boyfriend. Best wishes!See question
Parents were summoned to court before Judge to request parents to prove sobriety at our expense. Before court hearing for guardianship. Both parents agreed. But when they went to do testing they were told hair follicle test and never followed ...
Once guardianship is granted, the parents have the burden to prove they are fit. If you agree they are both fit to parent at this time, you can dissolve the guardianship and the parents will need to set up custody, parenting time, and support in a regular paternity action. Best wishes!See question
We we're together the first year and have been split up for eight years he lives in Chicago and I live here in Nebraska.
Have him served personally in Chicago and if he doesn't respond or participate you can set a default hearing after the 60 day waiting period has passed. You should really visit with an attorney about any specifics in your situation that may complicate your matter, however, it's not required that he "sign" for you to move forward. Best wishes!See question
My daughter and her ex boyfriend have a 2 month old child together, ex is listed on birth certificate as the father. All of them lived with my husband and i until recently, had to tell daughters ex to move out due to a fight he and my daughter go...
I'm not clear on what she is hoping to accomplish and whether legal guardianship really does what she thinks it will. If she is residing with you and the child and ex boyfriend has not established any paternity through the courts, there is no real need for guardianship. If she is planning to move out and leave the child with you and wants you to be able to seek medical care, developmental services, etc., that can be done with a temporary delegation of parental powers which is valid for 6 months at a time and can be revoked at any time by her. If she is worried her ex will somehow get custody, he would need to have paternity established and prove he is fit -which sounds unlikely under what you have described. If you as grandparents institute guardianship proceedings through court, you are required to notify bio-dad and he can come into court and object and state he has superior rights as a parent and if mom doesn't want the child right now, child should be with him. You would then have the burden to prove him unfit.
All of this is based on the limited facts stated here. You and your daughter should at least visit with a family law attorney confidentially and more specifically about your options and the legal ramifications. Best wishes!See question
My ex boyfriend is mad because I filed for child support for our 4 months old. He has provided nothing his mom bought him a car seat and walker because I worked save my money and bought all the things I needed. He had the same amount of time I d...
A parent can't relinquish their rights just because they don't want to be involved and don't want to pay child support. Parents may relinquish if an adoption is planned. A termination of parental rights may be allowed in very specific circumstances where one parent is unfit. You should visit with an experienced family law attorney about your options. Best wishes!See question
Me and my boyfriend just broke up. But he is being very spiteful and controlling of our daughter, I need to file temporary custody before he does, or before he takes off with her.
If there is not a paternity action already on file that needs to be done (filing a complaint, confidential vital statistics records, and a motion for temporary custody). In order to get an ex party emergency order, he would need to have done something already. Otherwise the motion can be filed and set for a hearing (typically on affidavit) and served on him with the complaint and he has an opportunity to attend and respond. Even if you get an emergency temporary order, the court will set for a hearing as to whether it should continue because the court needs both sides to make a decision. You are looking at court filing fees plus at least a couple of hours of attorney time (depending on the hourly rate or charges for the attorney you hire). Best wishes to you.See question
My cousin Got a divorce from her husband and she has physical and legal custody of her child the best situation for her what you be down here in Louisiana with her family she is living in Valentine Nebraska but the father has never seen the child...
Nebraska law requires a custodial parent to prove the Farnsworth factors and get COURT permission through a modification action to remove a child from the state. This requires assistance of an attorney because it is very fact specific and there are no pro se forms available. I would strongly advise against simply taking the child "wherever she wants." She needs to file the modification. If dad doesn't show up or she can prove he truly is not involved, the Court will be more likely to let her move to where she has support. Best wishes to your cousin and family!See question