Omaha Fathers' Rights Legal Blog
Helping dads establish custody, visitation rights
Previous posts on the blog have talked about how dads in the Omaha area can go about establishing paternity. For instance, one post discussed how some dads may elect to sign what is called an acknowledgement of paternity form.
This is a good, informal option in cases where the dad has no doubts about his status as the father of the child and also has no concerns about being able to maintain a relationship with the child. However, it is important for him to remember that the acknowledgement form confers parental rights and responsibilities on him in general; it does not go in to details.
Thinking beyond the breakup can help dads
Some men in Omaha, Lincoln, or the more rural parts of Nebraska may not think about their need to formally establish paternity, and thus legally obtain parental rights, until after they break up with the child's mother.
Before that point, it may seem that establishing paternity in court is not necessary since the man has the opportunity to spend time with his child when he wishes to do so. However, for a lot of reasons, after an emotional breakup, usually marked by a decline and then end of the relationship, having to go to court to get custody and parenting time established becomes more urgent.
Can your ex leave with the kids after your divorce?
Being a divorced father is difficult. The chances are good that you don't get to see your children as often as you might like. You may not feel like you play a significant role in their lives, and your ex may not allow you to participate in important decision-making about what happens in the lives of your children.
All of that is hard enough when you still get to see your children regularly. If your ex decides to move out of the state, that could make maintaining a relationship much more difficult. While there are ways to have a long distance relationship parenting your children, obviously, you would prefer to see them in person.
When might restricted parenting time be ordered?
As this blog has discussed on previous occasions, Nebraska law and the Nebraska courts generally prefer both parents to have as much parenting time as possible. This is good news for fathers, since it means that they will often be given the opportunity to develop a healthy relationship with their children, thanks in large part to the generous visitation schedule that is a real possibility under Nebraska's laws.
However, it is important for both men and women to know that there are limits to this liberality, and there are reasons in which a court may legally restrict parenting time. Specifically, if a court finds by a preponderance of evidence, which means it is more likely than not, that one parent abused the child or the other parent, a court can order restrictions on one's parenting time. Likewise, a parent who has obstinately interfered with the other parent's custody and visitation time may find himself or herself subject to restrictions.
Parenting plans should account for holidays, events
In the midst of the busy holiday season that will end in a couple of weeks, many Omaha, Nebraska dads may be wondering what their rights and responsibilities are.
Loving fathers who want to be involved in their children's lives will, no matter their background, in all likelihood want to have some special time with their children during these days and, in most cases, the law gives them the right to have parenting time during the holidays, even if that time is otherwise not consistent with their usual visitation or custody schedule.
Fathers are getting more involved and they love it
The stereotype about raising a family used to be simple: Mothers raised the kids and fathers worked to make it financially possible. Men often did not care for the children and did not seem all that invested in them.
That's all ancient news. Things are changing -- and have changed -- massively in America. Today's fathers are getting more and more involved with the children, and they really like the change.
Helping dads with their parenting plans
As previous posts have suggested, some of the work we take the most pride in is not in the courtroom.
Whether it pertains to a dad's kids or a man's hard-earned property, we do more at our law office than simply advocate for our clients in court or at the negotiation table, although we of course do that and do that well.
What is a QDRO?
For many in the Omaha area, their retirement plan is one of their most important financial assets. With some consistency, it can become a source of great wealth. Moreover, there is an emotional component to a retirement plan as well, as many feel they worked very hard for that money and do not want to part with it.
Like most other property, however, a retirement plan, or at least part of it, will likely be considered part of the marital estate should a couple get divorced or undergo a permanent legal separation. As such, it will be subject to property division, and this division can get contentious in a high-asset divorce or even when the couple is of more modest means.
Do you know the difference between legal and physical custody?
Ensuring your rights as a father isn't always an easy thing to do. Fathers have uniquely complicated legal rights to their children, in part because they do not give birth. Men who do not marry the mothers of their children will have to go through paternity proceedings or work with the mother to confirm paternity of the child.
Married fathers who get divorced from the mother of their children will often find themselves worried about how much custody time they will have. They also want to protect their children from the emotional damage of divorce.
Types of protection orders: sexual assault
A previous post on this blog talked about harassment protection orders in Nebraska and what Omaha men can do if they are served with such an order. As mentioned in that previous post, a harassment protection order is just one of the three types of protection orders a Douglas County court may issue, either with, or, under certain circumstances, even without notice.
Another type of protection order is called a sexual assault protection order. In many ways, a sexual assault protection order works the same way as a harassment protection order in that the court can require the alleged perpetrator of a sexual assault to have no contact with the alleged victim. If the order is violated, then the perpetrator can face a criminal charge even if the facts underlying the order turn out to be untrue.
Contact The Office
Bold labels are required.
The Law Offices of James A. Adams, P.C., L.L.O.
5822 S. 142nd Street, Suite A
Omaha,
NE
68137
Map & Directions
