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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51 Questions Answered
- Q. Can the father of the baby, take the baby out of state right after birth?
- A: A father has parental rights in Nebraska when paternity is legally established. In Nebraska, paternity is established by being married to the mother when the child was conceived or born (legal presumption when married), by signing the birth certificate (technically the notarized acknowledgement both parents sign at the hospital to add his name to the birth certificate), or court order. If a father is a presumed biological father but has not had paternity legally established, it would likely be within the mother's rights to deny a request for the father to take the child out of state or have parenting time with the child. If a parent wants the other parent to be involved in the child's life but wants ground rules as to whether can travel out of state and to how much time the other parent gets, the normal procedure is to file a paternity and custody action after the child is born. The parent can ask for a custody, child support, and a set parenting schedule, among other things within this action. In general, the Court does allow a parent to travel out of state during the parenting time. That being said, for very young children, it is common for the Court to grant special restrictions on travel and time until the child gets a little older.
- Q. Can I sue my sister for her son who is 10 stealing from me or can I sue him it was almost 300$ which he used on a game?
- A: Small claims court is designed exactly for this type of situation where there is a relatively low dollar request to repay due to a wrong. Many of the county courthouses have the forms available for you to pursue a small claims case on your own. It may make sense to handle this in small claims court even if you could file a police report against the other party for the wrong. That being said, when family members are involved, sometimes a non-legal solution is the best solution overall. Can the child repay the debt in another manner, such as lawn mowing, washing the car, or another way of helping out to repay the debt?
- Q. I recently got married. I bought my house 7 years ago on my own. Now that we are married, do we need to refinance?
- A: I am not aware of any laws that require a person to refinance their home due to getting married.
- Q. Can someone that is not the owner but is conservator/guardian of my grandmother, adjust and obtain rent of property.
- A: When there is a lease and payments not being paid pursuant to the lease, the guardian/conservator often has a legal duty to pursue unpaid rents pursuant to the lease terms for the ward's property. The rents would go to the ward's estate and not to the conservator herself even though the conservator is collecting and managing the funds.
- Q. At Bond hearing for Paraphenalia i was granted OR but my release papers included Felony Possession, DUR, Paraphenalia.
- A: It isn't clear from your question whether you have new charges or just a typo on your release papers. If you have new charges, the OR went automatically apply to the new charges if the judge only heard your earlier charges.
- Q. When investigatory stop occurs thru pretext stop , do I only have to be informed of the pretext stop and not that invest
- A: Many times people consent to a search of their vehicle when requested by law enforcement. If a party consents to the search, it is difficult to be successful on an argument that law enforcement didn't have authority to search the vehicle when the party consented to the search. If you have been charged with a crime, you should contact a criminal defense attorney immediately. Depending on the facts of your case, you may be able to keep the evidence out by a motion to suppress or other procedural motion.
- Q. I reside in Nebraska. I bought a car from a buy here pay herr as is no warranty. However, I don't want the car anymore.
- A: It is possible for a parent company to own both a car dealership and a financing company. Unless the contract has a return policy, you can't generally return a used car after purchasing due to changing mind. If you can reach an agreement with the seller to allow the return, great. In most situations, the car dealer won't have a duty to accept the return though.
- Q. I was arrested driving A uhaul the police would not release the property to my fiance claimed it was seized for 10 to 30
- A: The law generally allows for impound fees to be required to be paid before releasing seized property.
- Q. Can you ask for another officer to be on the scene if you do not trust the one who pulled you over?
- A: A person doesn't get to choose the law enforcement officer to interact with. That being said, if a law enforcement officer has a family member that is making threats, it may be time to seek a protection order or to report the incident to the law enforcement's internal affairs division.
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