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Nebraska Affidavit and Application for Order to Show Cause (Visitation)

State:
Nebraska
Control #:
NE-SKU-0514
Format:
PDF
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Description

Affidavit and Application for Order to Show Cause (Visitation)

The Nebraska Affidavit and Application for Order to Show Cause (Visitation) is a document that allows a party to petition a court to issue an Order to Show Cause, or OSC, regarding visitation rights. It is typically used when one party has either denied the other party access to a child or when the court has already entered a parenting plan that establishes the rights of each parent to visit the child. The Nebraska Affidavit and Application for Order to Show Cause (Visitation) must be completed and signed by the petitioner, who must have standing in the case. It should include the relevant facts of the case, such as the date of the last visitation, the court order that established the visitation rights, and the reason for the request. The Nebraska Affidavit and Application for Order to Show Cause (Visitation) can be used in two different forms: the standard form and the emergency form. The standard form is used when the petitioner is seeking a court order that requires the other party to appear in court and explain why the visitation rights should not be enforced. The emergency form is used when the petitioner believes it is necessary to protect the best interests of the child. In this case, the petitioner must prove that the visitation rights should be enforced immediately or there is a risk of irreparable harm to the child.

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FAQ

Typically, parents must pay child support until the child turns 19. The amount of these payments depends on Nebraska's child support guidelines. These guidelines are the rules for calculating child support.

There is no magic age that the child gets to decide which parent to live with. Nebraska statutes instruct the trial court to consider a child's preference as long as the child is of an age of comprehension and the child's wishes and desires are based on sound reasoning.

The Order to Show Cause tells the other party when to appear in court to show why they should not be held in contempt for disobeying the court order previously entered for visitation.

The penalty for contempt of court, as provided in sections 29-3301 to 29-3307, shall not exceed thirty days' imprisonment in the county jail.

Willful disobedience of or resistance willfully offered to any lawful process or order of court constitutes criminal contempt. In re Application of Niklaus, 144 Neb.

You will have to file the Affidavit and Application with the clerk of the district court. The Order to Show Cause and the filed-stamped Affidavit and Application must then be given to the judge for signing and setting a date for the contempt hearing.

For example, if a person has not paid the child support, health-care expenses or child-care expenses as ordered, the judge can hold the person in contempt, sentence the person to jail, and then give the person a chance to stay out of jail and obey the order by making regular payments to bring the payments current.

More info

Step 1: Complete the Motion. This form is required.You must fill out the Order to Show Cause along with an Affidavit in Support. Affidavit in Support of Order to Show Cause. 3. Order to Show Cause. Learn why and how to file a motion for an order to show cause in a family law case, and what may happens at the show cause hearing. Affidavit in Support of Order to Show Cause. 3. Order to Show Cause. All forms are required for a complete packet. In its most basic form, a Rule to Show Cause hearing is an action claiming contempt of court.

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Nebraska Affidavit and Application for Order to Show Cause (Visitation)