Nebraska Child Custody Relocation – Guide to Removal Cases

childcustodyrelocationIf you’re contemplating a move out of Nebraska with your child in the coming new year and you have a custody order in place, you’ll have to get the court’s permission beforehand. As the name of this article implies, these kinds of cases are called Nebraska child custody relocation, or removal cases.

Nebraska child custody relocation cases can be tricky. These are some basics to help make more clear how Nebraska child custody relocation cases work:

 

No temporary orders

Temporary orders allowing you to remove your child from the jurisdiction aren’t allowed in Nebraska. That’s why there’s a faster litigation process and final hearing than in a typical family law litigation case. A faster final hearing allows families to get on with their lives as quickly as possible.

Your contribution is key in your Nebraska child custody relocation case

Whether you’re the parent requesting the move, or the one opposing it, the more evidence your lawyer can show the court to support your position, the better your chances of winning. You play a key role in your lawyer’s ability to do that. You know your circumstances and your child best and can best help your lawyer understand the key elements that he or she will need to prove to the court.

It’s especially important that you communicate well with your attorney and work side by side with them during your Nebraska child custody relocation case. That will enable them to have all the key information about your situation and present it to the court.

Get a lawyer experienced in Nebraska child custody relocation onboard ASAP

Removal cases can be hard to win. It takes an experienced attorney to navigate the sometimes murky waters of Nebraska law when it comes to proving to the judge whether moving away from their other parent is truly in your child’s best interests.

Because things usually move quickly in removal cases and in the circumstances that typically surround the need for an out of state move, it’s important to get a lawyer experienced in Nebraska child custody relocation cases on board as soon as you find out an out of state move is on the horizon – whether you’re the parent moving, or the parent on the other side of the case.

 

This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts. 


For details about the author, Hightower Reff  Partner Attorney Tracy Hightower, visit her profile page.

More information about Nebraska child custody removal cases is available here. 

If you need help with a Nebraska child custody relocation or other family law case, contact Hightower Reff Law today and come visit with one of the attorneys at the Omaha office. 

Changing Child Custody or Support Your Holiday Wish? 4 Things You Should Know (Infographic)

holiday-modification-mediumFrustrations over repeated problems can be a bigger deal during the holidays. That can be a pain, but it can also be a benefit in the long run because it can make clear to you things that need to change. Sometimes those things include child custody or child support orders that aren’t working for your family anymore. If changing child custody or support is your holiday wish, there are 4 things you should know:

 

In a Nebraska child support modification, if a parent is looking to reduce the child support they owe because their income has gone down, the court will look at what caused their income decrease. The court will also look at whether the parent caused it on purpose.

Unfitness not a necessity for changing child custody

You don’t have to prove that the other parent is unfit for the judge to grant a custody modification. Showing that changing child custody is in the child’s best interests may get the job done. For example, the court may find that changing child custody is in the child’s best interests if the parent with primary custody is no longer giving the child a stable living environment.

The court’s decision will turn on the very specific, individual facts of your case, and the needs of your children. Your attorney’s skill in clearly and effectively showing the court those things is critical.

Experienced legal support is essential

Choosing the right attorney for a Nebraska child custody modification or Nebraska child support modification is crucial. It’s also crucial to your peace of mind during what can be a long court proceeding. Having an attorney in your corner you are confident in, who gives you clear information and who is committed to your case is key.

Also remember that experience goes a long way. When you choose your attorney for your child custody modification case or child support modification case, look for a lawyer who works daily in this specialized area of the law.

Look also for a lawyer who’s familiar with the judges in your area, and how they may view the facts of your case. While no attorney has a crystal ball, or can guarantee the outcome of a case, familiarity with “the bench” in the county where your case will be heard can help your attorney know how to approach your case in the most effective way.

 

This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts. 


For details about the author, Hightower Reff  Partner Attorney Susan Reff, visit her profile page.

Find out more about how Hightower Reff can help with custody and support modification. 

If you need help with a child custody modification case, or a support modification case, contact Hightower Reff Law todayand come visit with one of the attorneys at the Omaha office. 

Reasons to Consider Settling Your Nebraska Family Law Case Out of Court

img_3340Divorce, child custody, and other family law cases are among the most emotionally intense kinds of litigation. There are several sound reasons to consider settling your Nebraska family law case out of court.

Court proceedings aren’t punishment

Going to trial isn’t a good way to try to punish or penalize your spouse for their wrongs. Nebraska is a true no-fault divorce state. That means that, in the vast majority of circumstances, your spouse’s status as a giant jerk isn’t going to have any bearing on the outcome of your case.

Also keep in mind that emotions can get the better of you during a family law case. It’s usually a really hard time in your life. Very rarely – if ever – does a trial do anything positive to ease the raw nerves or wounded feelings of a divorcing spouse or to heal a hurting family.

Different options, same outcome –  settling your Nebraska family law case

Whether you reach a divorce settlement agreement through the collaborative divorce process, mediation, or negotiations between your lawyer and your spouse’s lawyer – this infographic outlines some good reasons to consider settlement:

 

Additionally, settling your family law case out of court can save money in the long and short run. Settlement can be less expensive in the short run because it saves the costs of trial – which can be very expensive. In the long run, you and the other party are more likely to follow an order upon which the two of you agreed, as opposed to one decided by the judge. That means you’re less likely to have to spend money going back to court in future.

If you and the other party are able to reach a settlement agreement:

  • your attorneys or the mediator will put it in writing
  • both parties will sign it
  • the judge still needs to approve and sign a Divorce Decree incorporating the provisions of your settlement agreement
  • that Decree will be the court order that you and the other party must follow, unless the court modifies the order down the road

Not for everyone

Settlement isn’t appropriate in every case. However, in the majority of cases, good attorneys can help guide you along the path to reaching an amicable and fair settlement for your Nebraska family law case.

 

This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts. 


For details about the author, Hightower Reff  Partner Attorney Tracy Hightower, visit her profile page.

More information about Hightower Reff’s family law practice is available here.

If you need help with a Nebraska family law case, contact Hightower Reff Law today and come visit with one of the attorneys at the Omaha office. 

 

Nebraska Alimony – What you Need to Know (Infographic)

Nebraska Alimony - What you Need to KnowIf you’re thinking of divorce, you may also be wondering about Nebraska alimony (also known as spousal support).

Regardless of whether you think you may end up as the payor or the payee, you should know something about Nebraska alimony before you make decisions about your case.


Hightower Reff Law is a team of confident, clear, committed attorneys representing clients in the Omaha metro and surrounding areas in family law and criminal defense/dui.


The spousal support conversation is an important talk to have with an attorney who’s experienced in Nebraska family law. This article and infographic will give you some basics that will help you have a more productive conversation with that attorney.

In our many years practicing Nebraska family law in at Hightower Reff Law in Omaha, we’ve learned that the more information clients have, the more clear and confident they are about their case, and the decisions they make.

When it comes to Nebraska Alimony, there are some things you may be surprised to learn.

The alimony of yesteryear

If you’re a little older, and someone you knew many years ago divorced, you may have heard it mentioned that the husband was ordered to continue supporting the wife “in the manner to which she’s become accustomed.” That may be the way many courts approached alimony in days of yesteryear, but it’s not the way spousal support goes in Nebraska today.

The times they have a changed

In the majority of cases, Nebraska courts don’t award alimony. If they do, it’s for a short time – long enough for the spouse receiving support to get training or education or find a job. It’s sometimes called “rehabilitative spousal support.”

Nebraska courts usually consider several factors when deciding spousal support – as explained in the infographic below. The court also considers the relative economic circumstances of both parties in its alimony decisions.

 

In cases where there is child support, that will be determined first, and then the amount of spousal support will be decided based on each party’s income and expenses after child support is paid.

This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts. 


For details about the author, Hightower Reff  Partner Attorney Tracy Hightower, visit her profile page

Our additional resources on marital property division are available  here

If you need help with a Nebraska divorcecontact Hightower Reff Law today and come visit one of the attorneys at the Omaha office. 

Full Child Custody in Nebraska – What it Really Means (Infographic)

child-custodyYou’ve probably heard someone say “I’m going for full custody.” You may be surprised to learn what full child custody in Nebraska really means – and how likely it may be that you’ll get it.

When someone says “full” custody, they usually mean sole physical and legal custody. The infographic below explains both physical and legal custody in more detail.


Hightower Reff Law is a team of confident, clear, committed attorneys representing clients in the Omaha metro and surrounding areas in family law and criminal defense/dui.


The fall of full custody

One parent having sole custody (also called primary custody) used to be an automatic in Nebraska, unless a parent could prove it wasn’t in the child’s best interests. That isn’t so anymore. Now joint custody is the default, and custody trials ending in sole custody orders are becoming more rare.

 

Today, unless one parent is shown to be unfit, or there’s another reason joint physical and legal custody wouldn’t be best for the child, Nebraska courts are favoring joint physical and legal custody arrangements in the majority of cases.

It’s important to note, however, that the custody arrangement can me made to suit the needs of the child and the family – and should be. For example, one parent can have sole/primary physical custody (possession), and both parents can still share joint legal custody (decision making), or vice versa.

Regardless of who has legal or physical custody, each parent still has the right to access the child’s educational and medical records.

This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts. 


For details about the author, Hightower Reff  Partner Attorney Susan Reff, visit her profile page.

Find out more about Hightower Reff’s child custody practice. 

If you need help with a child custody case, contact Hightower Reff Law todayand come visit with one of the attorneys at the Omaha office. 

Nebraska Marital Property Law – How it Works (Infographic)

Nebraska-marital-propertyIn our divorce practice at Hightower Reff Law, we find that new clients’ most common misconceptions are often in the area of Nebraska marital property law and how it works.

A common marital property misapprehension

When they first meet with us, a number of new divorce clients mistakenly think that because they kept their money in a separate account or titled an asset in their name only, their spouse won’t be able to touch the account or the asset in the divorce. However, that isn’t how Nebraska marital property law works.


Hightower Reff Law is a team of confident, clear, committed attorneys representing clients in the Omaha metro and surrounding areas in family law and criminal defense/dui.


Pre-nup or no dice

Unless you have a well drafted prenuptial agreement that complies with Nebraska law, the property and debt accrued during your marriage is part of the marital estate, no matter whether the account or title is in your name only. That means it’s marital property subject to equitable division between you and your spouse – with very few exceptions.

 

This infographic isn’t meant to be a complete rundown of Nebraska marital property law in divorce. The law can change often depending on new case law and/or changes to Nebraska statutes. Also, there may be other exceptions or special circumstances, depending on the facts of your divorce case.

Get help

That’s why, when it comes to Nebraska marital property law and how it works – or any other legal issue – it’s best to get the advice and assistance of an attorney experienced in that specific area of law. However, arming yourself with some basic knowledge, like what you’ve learned by reading this article, can help you have a more informed conversation with your attorney. It can also give you clarity and peace of mind.

 

This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts. 


For details about the author, Hightower Reff  Partner Attorney Tracy Hightower, visit her profile page

Our additional resource on marital property division is available  here

If you need help with a Nebraska divorcecontact Hightower Reff Law today and come visit one of the attorneys at the Omaha office. 

Collaborative Divorce – A Truly Amicable Alternative (Infographic)

 

collaborative-divorce-hightower-reff-2At Hightower Reff Law, not only do we practice in traditional divorce, we also offer collaborative divorce – a truly amicable alternative.  Attorney Scott Hahn and I are among the relatively small number of Nebraska lawyers certified in collaborative divorce.

Why collaborative divorce is a truly amicable alternative

The traditional divorce process happens our adversarial court system. Despite the Nebraska court process mixing in alternative dispute resolution efforts like mediation – in the end, divorcing spouses often end up duking it out in court. Collaborative divorce offers something different.

Collaborative divorce can result in a better outcome for the family in the short and long term. This is especially true when children are involved, because the adults must continue co-parenting after the divorce. Bruised emotions and hard feelings from a bloody court battle can cause additional problems between the parents for years. That’s not good for the children.


Hightower Reff Law is a team of confident, clear, committed attorneys representing clients in the Omaha metro and surrounding areas in family law and criminal defense/dui.


How it works

In simplified terms, the collaborative divorce process involves you and your spouse working with a team of professionals to come up with an agreement for submission to the court to become a final order. You’ll need to have some court involvement to get everything finalized, but it will be brief and uncontested because you’ll have everything agreed upon ahead of time instead of “duking it out.”

Here’s an infographic with the nuts and bolts:

 

The collaborative process puts you in control

In traditional, litigation-centered divorce, unless you and your spouse reach agreement via mediation or negotiation, a judge has the decision making power. In collaborative divorce, you and your spouse control the process from the beginning and you have the power throughout the process.

I’ve been practicing divorce and family law for quite a few years. Through my experience I’ve learned that both spouses in a divorce are most satisfied with the outcome of their case when they’ve had input, instead of having the final order forced on them by a court.

When both sides are generally satisfied with the outcome of a case, both sides are more likely to comply with the final court order. That means it’ll be less likely they’ll have to keep dragging one another back to court to enforce that order.

These are some of the reasons I decided to become certified in collaborative divorce to better serve my clients – and why I believe so strongly in the process for the right cases.

 

This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts. 


For details about the author, Hightower Reff  Partner Attorney Tracy Hightower, visit her profile page.

More information about Hightower Reff’s collaborative divorce practice is available here.

If you need help with a Nebraska divorce, contact Hightower Reff Law today and come visit with one of the attorneys at the Omaha office. 

Divorce Temporary Hearings – You Should Know This (Infographic)

divorce-temporary-hearingDivorce temporary hearings can be intimidating. Let’s face it – the entire divorce process can be intimidating. Arming yourself with information and having good support can make it a lot less so.


Hightower Reff Law is a team of confident, clear, committed attorneys representing clients in the Omaha metro and surrounding areas in family law and criminal defense/dui.


Our Divorce Temporary Hearings infographic fills you in on some basics about divorce temporary hearings.  If you’re going through a divorce or thinking about filing for divorce, this may help make the process more clear – and maybe less daunting.

 

You may have heard the saying “good fences make good neighbors.” At Hightower Reff Law, our team of divorce attorneys has many years of experience in all kinds of marital dissolution cases. From complicated, high asset divorces with children and family owned businesses, to cases involving domestic violence, as well as simple divorces with no children – we’ve done it. Our diverse experience has taught us that, no matter the case, a temporary court order detailing the rights and responsibilities of both parties during the divorce is an important “fence” to put in place.

 

This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts. 


For details about the author, Hightower Reff Attorney Scott Hahn, visit his profile page.

More information about Hightower Reff’s divorce practice is available here.

If you need help with a Nebraska divorce, contact Hightower Reff Law today and visit one of the attorneys at the Omaha office.