Claimed Lawyer ProfileQ&A
Nominated one of "10 Best" Attorneys for Nebraska by the American Institute of Family Law Attorneys in 2015. Winner of Michael W. Amdor Memorial Excellence in Legal Research Award.
Jurisdictions Admitted to Practice
- English: Spoken, Written
- Fowler & Kelly Law, LLP
- Creighton University School of Law
- Michael W. Amdor Memorial Excellence in Legal Research Award
- Fourth Judicial District, Douglas County, Nebraska
- Nebraska Bar Association # 23649
- - Current
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104 Questions Answered
- Q. Interesting in finding out what options a 16 year old in Nebraska and if they can legally live somewhere else
- A: If a child is being abused or neglected, every person has a legal duty to report the abuse or neglect to the child abuse hotline. The number is (800) 652-1999. If it is determined that a child is being abuse or neglect, it could result in removal of the child from the home, services provided to the family, among other options. If a child has concerns regarding their home life, they should contact a parent (or the other parent), other family member, school teacher or counselor, or other trusted adult. If the child is being abused or neglect, it should result in a report the child abuse hotline. If it does not rise to that level but the child is unhappy in the home, there may be counseling or other services available to help improve the child's home life. Absent a finding of abuse or neglect, the parents of a child have the legal authority and responsibility to decide where their child lives. Thus, a child can live outside the parent's home only with the parent's consent.
- Q. I am an exotic dancer in Omaha, NE. The corporation I work for has been conflicting with our contractor agreement
- A: Not sure what your specific question is. Generally contract disputes are very fact-based scenarios, so you will likely need to go through the language in your contract with an attorney experienced with employment contracts to determine your best course of action.
- Q. Can my child’s counselor and lawyer deny me to see my child if it’s not signed off by a judge? If doctors also agree?
- A: If a parent is being denied access to their child without a court order, it may be time to file an action or motion to ask for a court order allowing specific parenting time. Whether such will be granted or not depends on the specific facts of the case. You should contact an attorney to assist you if you are being denied access to your child. Depending on the specific facts of your case, it may be time to file an action/motion or first take other action before filing such or maybe another option is best.
- Q. Child endangerment?
- A: The Constitution protects freedoms including freedoms in parents raising their own children. Thus, it is legal and Constitutionally-protected for parents to allow their children to engage in activities that other people may not find safe enough for their own children. On the other hand, when an activity or act rises to a certain level of danger or harm, there can be laws that prevent parents from allowing their children to engage in these activities. For example, a child under a certain age cannot legally operate a jet ski even if a parent would think such is appropriate for their child. If you have concerns that an activity rises to a level that it should have age-restrictions on it, you may want to contact your state legislator or other government official to raise awareness or request legislation to protect against an activity that you fear is harmful for children under a certain age.
- Q. I get over weight ticket in indiana porter county pine township my weight was 83600 but the shipper documents are n
- A: You are posting under Nebraska. If the ticket was given in Indiana, Indiana laws apply. You may want to re-post your question under Indiana law and contact an attorney licensed to practice in Indiana.
- Q. If my husband son gets I trouble and gets tried as an adult and goes to prison does he still have to pay child support.
- A: A person who is incarcerated can be ordered to pay child support. If an order for child support is being established and the person is incarcerated, the Court will likely order a very minimal order of child support, if any. If a person is already ordered to pay child support and then becomes incarcerated, the statutes provide for the incarcerated person to request to modify child support due to the incarceration as an involuntary reduction in income.
- Q. I filed a 180 writ while in Missouri doc for Nebraska it took them 18 months to get me. Shouldn't they have dismissed it
- A: Since it sounds like your case is pending in Missouri, you may want to post your question under Missouri to get an answer to your question.
- Q. Someone called animal control on my dog saying he was barking and roaming out and not in my yard while I was at school
- A: How to respond depends on what happened after animal control was called. If you received a citation, you may be able to fight it. If the allegation wasn't true and animal control didn't find anything wrong, then there may not be any further action needed.
- Q. Chances of judge starting parenting plan after 13 years of being divorced just because Of modification of child suppor
- A: Even when a parent has gone a long period of time without seeing their children, the Court will often grant parenting time if requested. It is common for a judge to start with counseling first. For example, the judge would order family reunification therapy where the parent and child first meet with each other in a counseling session and then the parent's involvement and parenting time is often guided by the therapist's recommendations. If a child is older and resisting the parenting time, the therapist may recommend quite a few counseling sessions before the child and absent parent start to meet outside therapy sessions. This often shows the sincerity of the parent in wanting parenting time or if the request for time was really just due to being upset about being asked to provide more support. As children get closer to the age of majority, the court often gives their preference a lot of weight as to how much parenting time they would like with the other parent. For a parent that has been absent for a very long period of time and a child close to the age of majority, the Court may decide ordering parenting time is not in the child's best interests, especially if the therapist is recommending the same.
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