Nebraska Sample Letter regarding Modification Agreement
Description
How to fill out Sample Letter Regarding Modification Agreement?
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FAQ
A question that often comes up in a custody case is, at what age can a child decide with which parent they want to live? As most family law attorneys will tell you, legally, the age when a child can decide is 18. At this age they are no longer a child and subject to a custody action.
In order for a material change of circumstances to have occurred under Nebraska law to modify your child support, you must be able to show that the change of circumstances (1) occurred subsequent to the entry of the original decree or previous modification and (2) was not contemplated when the decree was entered.
The Parenting Plan One purpose of the Nebraska Parenting Act is so that all parents involved in a legal action in Nebraska are required by law to have a parenting plan setting forth the specific details as to the custody and care arrangements for their children.
Parental unfitness means a personal deficiency or incapacity that has prevented, or will probably prevent, performance of a reasonable parental obligation in child rearing and that has caused, or probably will result in, detriment to a child's well-being.
Under Nebraska law, a ?material change of circumstances? is required before a court will consider modifying the terms of a court order. Examples of a material change of circumstances include: A substantial change in the income of either of the parties which was not anticipated. Abuse or neglect of a child by a parent.
A court won't automatically modify custody simply because a parent wants to move. Ultimately, a judge won't allow a parent to relocate with the child unless it serves a child's best interests. All these factors will be assessed at a relocation hearing.
Facts about Modifying a Parenting Plan in Nebraska You file the complaint with the clerk of the district court in the county where the original order was entered. There is a cost to file a Complaint for Modification. You must notify your child's other parent that you have filed a Complaint for Modification.
At what age can a child choose which parent to live with in Nebraska? Nebraska statues instruct the trial court to take into account 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.
