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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.
The motion to dismiss is a defendant's request that the case be thrown out, usually because of a deficiency in the complaint or the way the complaint was served on the defendant. Failure to state a claim is the most common grounds for dismissal. A judge can dismiss a claim with or without prejudice.
The prosecution invokes nol prosequi or dismissal when it has decided to discontinue a prosecution or part of it. Lawyers and judges refer to the charges ?nol prossed? or dismissed.
If the judge finds that person is in contempt, the judge will sentence that person to a jail sentence; but will allow him/her a chance to be released from jail by following a purge plan. A purge plan gives the person an opportunity to come into compliance with the court order.
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.
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.
All words any words phrase. dismiss. v. the ruling by a judge that all or a portion (one or more of the causes of action) of the plaintiff's lawsuit is terminated (thrown out) at that point without further evidence or testimony.
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.
If you filed the case, you can ask that it be dismissed. Depending on the circumstances, the judge may dismiss it with prejudice, meaning you can't file it again. Or without prejudice, meaning you can refile it when you are ready.