This guide provides an overview on how to get temporary custody of a minor. Topics covered include powers of attorney for care and custody, standby and other temporary guardianships, and temporary custody in divorce.
Nebraska USLegal Guide to Temporary Custody
State:
Multi-State
Control #:
US-GDE-05
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Word;
Rich Text
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FAQ
Many clients say that they want joint custody with their spouse. This raises a question of what the parties think ?joint custody? really means. There are four types of custody arrangements: Joint Legal Custody, Joint Physical Custody, Split Custody and Sole Custody.
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.
Pursuant to subsection (1) of this section, a court may terminate parental rights if the parent has abandoned the juvenile for 6 months or more immediately prior to the filing of the petition.
(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
You start the legal process by filing a Complaint for Paternity, Custody, Parenting Time, and Child Support with the clerk of the district court in the county where the child(ren) live(s). If you are proceeding without a lawyer, you must complete all the necessary forms.
Nebraska, unlike some other states, does not allow a child to choose who to live with. Rather, the court may consider the well-reasoned preferences of a child, at any age.
If it is a temporary order in a protection order case, then it often states it lasts only a certain period of time, such as 30-90 days. If it is a temporary order in a custody case, the temporary order generally lasts until the final custody order is entered, which is often a number of months.