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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148 Questions Answered
- Q. Seeking a custody change
- A: A party needs specific court permission to move the children out of state. Generally, but depending on the wording of the current order, a party doesn't need court permission to move the children within state. That being said, if the move would effect the parenting time or exchanges, it is likely that you would need to file a complaint to modify to ask the court to modify the parenting time to fit the new situation. If you can prove that the change is due to a material change in circumstances and is in the minor children's best interests, then the Court will likely allow the requested change. If a party is not paying child support or other expenses as court order, there are a number of enforcement tools. These can include a show cause/contempt action. For unpaid child support, you can also apply for child support services to help with enforcement for little to no cost to you. The child support office can do things such as suspend a driver's license, intercept a tax return, etc, to help collect on unpaid child support.
- Q. I have full custody of my child who is 6, the other parent can only see with court supervision and has not tried in 4 yr
- A: There are a number of ways to help protect a child when there is only one parent in the child's life. One is by having complete estate planning documents, including provisions as to what you would request in case you would die before the child becomes an adult. There are also options such as a termination of parental rights for abandonment as well as adoption. Although you would not technically need a lawyer to draft these things for you, it sounds like you need legal advice from an attorney and likely would need to retain an attorney.
- Q. I want to file a claim through PayPal but if I lose can I still sue or will it hurt my case? Should I sue first?
- A: Your question is too specific to be able to give an answer on a general message board like this. The best strategy for a case depends on the overall circumstances of the case.
- Q. Elderly mom forgetting to pay bills. Should she file bankruptcy.
- A: Bankruptcy is generally for an inability to pay the overall debt, not so much a matter of being unable to keep track of paying bills on time. If a party is having difficulties managing their finances and keeping track of their bills, there are a lot of options. Sometimes a family member or accountant can assist. If the person is no longer competent, you may want to look into asking the Court to appoint a guardian and/or conservator to manage the party's finances.
- Q. How do we get started inventing something!?
- A: How to invent something isn't really a legal question. If you want to protect an invention, you would want to contact an attorney that specializes in patent law. If you are looking for some information for inventors from the patent office, their website has some information directed towards you: https://www.uspto.gov/learning-and-resources/inventors-entrepreneurs-resources
- Q. What happens to a countersuit if the original suit is dropped
- A: As long as the counter complaint was properly service, the Counter complaint remains active even if the original complaint is dismissed. If one party wishes to dismiss their complaint, they may want to first reach out to the other party to make sure they are also willing to dismiss their counter complaint. It often makes sense to do an order dismissing both the complaint and counter complaint at the same time. Otherwise you can end up going to trial on the requests in the counter complaint with the requests in the complaint no longer before the Court.
- Q. How can I be cited for procuring but she doesn’t get an MIP?
- A: An element of the crime does not include that the minor must also be prosecuted for a crime.
- Q. My probation officer wants to revoke my probation and I want to stay on probation. Is this possible?
- A: It is possible for a motion to revoke probation to be filed and the Court to ultimately decide that continuing probation is appropriate. Sometimes the Court will add on additional terms or additional time to the probation in order to reinstate the probation.
- Q. My sister has guardianship of my 15 year old daughter she wants to give it up will I need to go back to court?
- A: If the guardian wants to relinquish guardianship and the parent is ready to resume custody, then the parties still need court permission to terminate the guardianship. It is generally a straightforward process to motion the court to terminate the guardianship.
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