The Law Offices of James A. Adams, P.C., L.L.O.The Law Offices of James A. Adams, P.C., L.L.O.2026-09-03T08:37:46Zhttps://www.fathersrightsomaha.com/feed/atom/WordPress/wp-content/uploads/sites/1304354/2021/05/cropped-James-A-Adams-site-icon-32x32.jpgOn Behalf of The Law Offices of James A. Adams, P.C., L.L.O.<![CDATA[Securing your role in your child’s life as an unmarried father]]>https://www.fathersrightsomaha.com/?p=499342026-08-31T19:07:06Z2026-09-03T08:37:46ZHow to establish legal paternity
While signing the birth certificate or a Voluntary Acknowledgment of Paternity (VAP) establishes paternity, it does not grant visitation or custody rights. You must take the additional step of filing a Complaint to Establish Custody and Parenting Time and Support in the appropriate local district court. This court process allows the court to formally decide custody, parenting time and support issues and make them enforceable.
Creating a formal parenting plan
Under the Nebraska Parenting Act, all custody cases require a formal parenting plan. This helps define both legal custody and physical custody. Legal custody gives a parent the right to make important decisions about the child’s education, religion and healthcare, while physical custody decides the time a child lives with the father and mother.
These details matter because a simple handshake between parents is not legally binding if they later disagree. A court-ordered schedule gives clear, consistent rules and helps the child have a stable relationship with both parents.
Why proactive action matters
Without a court order, the mother may be able to move your child to another state without your legal approval as the father. If you get a formal order, Nebraska’s strict relocation rules apply. The order also makes it easier for you to see your child’s school records and speak with your child’s doctors.
Making your bond with your child official
Being a father is about having the legal standing to be involved in your child's life. By taking proactive steps to establish paternity and custody and parenting time through the courts, you protect your rights while being present for your child. A lawyer can help you file the necessary paperwork to ensure you are an active part of your child's future.]]>On Behalf of The Law Offices of James A. Adams, P.C., L.L.O.<![CDATA[How do virtual visitation rights work on deployment?]]>https://www.fathersrightsomaha.com/?p=499312026-08-28T17:37:28Z2026-09-02T17:36:26ZServing your country does not have to mean stepping away from fatherhood. Even thousands of miles away, you can still be present in your child's life in ways that matter. Virtual visitation rights exist precisely for this reason, providing you with a legal and reliable means to maintain your bond with your child while you serve.
What are virtual visitation rights?
Courts recognize virtual visitation as electronic communication between a parent and child. As a result, state military parenting statutes allow video calls, messaging platforms, email and interactive gaming as formal visitation options. These tools serve as a legal alternative to in-person visits when you are on active duty.
Key terms to include in your parenting plan
Once you understand your virtual visitation rights, the next step is making them official. A well-written parenting plan eliminates ambiguity and protects your access to your child throughout your deployment. Make sure your plan includes these three key terms:
Fixed schedules and time zones: Set specific call times each week and adjust them for your duty station's time zone so both parties know what to expect.
Uninterrupted privacy: Require the other parent to provide a quiet, private space during calls so your child can speak with you freely and without distractions.
Platform and device flexibility: List approved video conferencing apps and require reasonable assistance if technical issues arise so the other parent cannot use missed calls against you.
A parenting plan that covers these details gives you a clear, enforceable framework to reference and rely on. With that foundation in place, you can shift your focus to what matters most, which is making the most of every moment you have with your child.
Five ways you can stay connected online
Having a solid parenting plan in place is just the beginning. Now comes the part that truly matters, which is showing up for your child in meaningful ways. Virtual visitation gives you more opportunities to bond than you might think. Here are some simple activities you can do together online:
Talk about how their day went.
Help them work through their homework.
Read bedtime stories together.
Share a meal over video call.
Play interactive online games together.
These small, consistent moments strengthen your relationship over time. Securing these opportunities, however, starts with having the right legal protections in place before you deploy.
Protect your rights before you ship out
Your deployment does not define your role as a father. Adequate preparation before you leave can make all the difference in staying connected with your child while you serve. Taking time to understand your options, put a solid parenting plan in place and seek proper legal guidance safeguards your relationship with your child no matter where duty takes you.]]>On Behalf of The Law Offices of James A. Adams, P.C., L.L.O.<![CDATA[What if the other parent ignores a temporary custody order?]]>https://www.fathersrightsomaha.com/?p=499292026-08-03T13:36:03Z2026-08-05T10:40:12ZYou may lose parenting time
Being denied scheduled parenting time is one problem you may experience. The other parent might refuse to bring your child to scheduled exchanges or deny you parenting time under the existing arrangement.
These disruptions can create uncertainty for both you and your child while your case is still pending. Although the temporary custody order is not final, it remains legally binding until the court modifies it.
The court may step in
The Court has the power to address repeated violations. Rather than assuming the problem will resolve itself, the judge, upon request, may address ongoing noncompliance to help preserve stability while the case is pending.
Depending on the circumstances, the other parent may be found in contempt and ordered to comply with the existing arrangement. The more severe and frequent the violation of the temporary custody order, the more severe the consequence the Court may impose.
The final custody decision may change
Ignoring a temporary custody order may also have lasting consequences. When the court decides a final arrangement, it may consider how well each parent followed existing orders during the case.
A pattern of refusing parenting time or interfering with your relationship with your child may reflect poorly on the parent who violated the arrangement. On the other hand, continuing to follow it yourself shows that you respect the legal process and remain focused on your child's well-being.
Protect your position
If the other parent ignores a temporary custody order, it is important to stay focused on the legal process instead of responding in kind. Seeking legal guidance can help you understand your options and protect your relationship with your child as your case moves forward.]]>On Behalf of The Law Offices of James A. Adams, P.C., L.L.O.<![CDATA[What military records should fathers gather before divorce?]]>https://www.fathersrightsomaha.com/?p=499282026-07-03T10:35:09Z2026-07-08T10:29:17ZDocuments that explain your income and service
Start with documents that identify your income, service history and retirement accounts:
Leave and Earnings Statements (LES): These list base earnings, allowances, deductions and year-to-date income for support calculations.
Statement of Service or DD Form 214: If you are still serving, this statement can confirm your service dates, rank and duty history. If you have separated or retired, your DD Form 214 can verify your background and separation details.
Thrift Savings Plan (TSP) statements: These show retirement savings that may need to be classified, valued and divided.
Survivor Benefit Plan (SBP) records: These show whether you elected coverage, who is listed as the beneficiary and whether SBP costs may affect retired pay.
Deployment or mobilization orders: These can explain your schedule, address parenting time and support communication with your child during military leave.
Securing these documents now prevents delays once the court begins evaluating your assets and parental rights.
How military records affect retired pay and parenting time
Federal law can limit the divisible portion of retired pay when you are still serving. Your service history can help determine whether the 10/10 rule applies. If it does, the Defense Finance and Accounting Service (DFAS) may send retirement payments directly to your former spouse. Still, Nebraska law may allow the division of pay regardless of the length of the marriage.
Nebraska law also recognizes that military duty should not be the only reason to reduce custody or parenting time. Records of calls, visits, school involvement and caregiving can help show you remain active in your child’s life.
Why early organization protects your position
Divorce can move quickly once financial disclosures and parenting disputes begin. Clear records help you avoid relying on memory, explain your obligations and show how you stay involved as a father.]]>On Behalf of The Law Offices of James A. Adams, P.C., L.L.O.<![CDATA[How Nebraska courts divide military retirement pay in a divorce]]>https://www.fathersrightsomaha.com/?p=499192026-07-01T09:35:10Z2026-07-06T09:34:23ZFederal law governs how military retirement pay is divided
Military retirement pay is not divided the same way as a bank account or a house. A federal law called the Uniformed Services Former Spouses' Protection Act (USFSPA) governs it, giving state courts the authority to treat retired pay as marital property in a divorce. That does not mean your spouse automatically receives a share. A court order is required, and Nebraska courts decide the division as part of the broader marital estate.
One important detail for active-duty service members: if you are still serving at the time of the divorce, federal law freezes the divisible portion based on your rank and years of service at that point, not at your eventual retirement date.
The 10/10 rule does not govern the division of your retirement pay
Many service members believe the 10/10 rule determines whether a court can divide their retirement in a divorce. It does not. It only affects how the military sends the payments.
Here is what it actually means: if you were married for at least 10 years overlapping with 10 years of military service, the Defense Finance and Accounting Service (DFAS) will send your former spouse their share directly each month. If that threshold is not met, the court can still divide your retirement; you just become responsible for making those payments yourself.
Not all of your retirement pay is on the table
Not all of your retirement pay is on the table. Courts can only divide what the law terms disposable retired pay — your gross retirement minus deductions like VA disability compensation and Survivor Benefit Plan premiums.
Federal law also caps how much DFAS can pay out directly. That limit is 50% for property division, though it can go up to 65% when child support or alimony is also involved.
Court order language can make or break your case
If the order dividing your retirement pay is vague or uses incorrect language, DFAS may reject it entirely. The order needs to clearly identify the award, specify the formula used and address whether you are already retired or still serving. Getting this language right the first time matters because fixing a defective order later can be costly and time-consuming.
If you are a service member in Nebraska navigating divorce, working with an attorney familiar with both Nebraska family law and the USFSPA can make a significant difference in protecting your retirement.
]]>On Behalf of The Law Offices of James A. Adams, P.C., L.L.O.<![CDATA[How can fathers build stronger co-parenting?]]>https://www.fathersrightsomaha.com/?p=499202026-06-30T14:53:43Z2026-07-03T14:52:36Zstrict legal requirement governed by the Nebraska Parenting Act. Parents must submit a formalized Parenting Plan to the court detailing communication protocols, dispute resolution, and specific scheduling to insulate the child from conflict.
Keeping communication clear and child-centered
Communication often sets the tone between co-parents. If you and your co-parent stay focused on your child, daily issues may seem easier to manage. Clear updates usually make the routine easier to follow.
For example, a short message about a school project, soccer practice or pickup change might prevent avoidable frustration. Without that update, your child may feel caught between two adults who expect different things.
It might be beneficial to keep communication brief, respectful and centered on tangibles, like dates, times, school updates and transportation. You could share important details consistently, even when your parenting styles differ. Coordinating with your co-parent could also prevent tension before it affects your child.
Putting your child’s needs ahead of past conflict
Putting your child’s needs first may help you separate parenting concerns from past relationship problems. Daily decisions might then become less about proving a point and more about helping your child feel secure.
For instance, your child may want both parents at a school event. That situation could be difficult, especially if the separation is still fresh. Even so, a calm and respectful presence might help your child enjoy the occasion without worrying about conflict between parents.
Consider how your words and reactions affect your child’s sense of security. Children often notice stress between parents. A calm tone, reliable follow-through and interest in your child’s daily life may remind your child that both parents still care about their well-being.
Strong co-parenting grows through effort
You and your co-parent may still work together effectively, even when you do not agree on everything. Small but consistent choices could lower confusion and reduce pressure between households. For a father like you, those daily choices may help create a stronger parent-child connection.]]>On Behalf of The Law Offices of James A. Adams, P.C., L.L.O.<![CDATA[2 FAQ about establishing paternity in Nebraska]]>https://www.fathersrightsomaha.com/?p=499092026-05-01T20:15:52Z2026-05-06T20:14:58ZWhat if both parents want to establish paternity?
If an unmarried couple is amicable in establishing paternity for their newborn child, they can ask their medical provider at the hospital to assist them with the "Voluntary Acknowledgment of Paternity" form. Both parties must complete the form and sign it in the presence of a notary public.
Once finished, they must submit the original form to the Nebraska Department of Health and Human Services. This department then adds the father’s name to the child’s birth certificate. This formally establishes their parental relationship with their child without going to court.
What are the benefits of paternity establishment for fathers?
For fathers who aspire to be active dads in their children’s lives, establishing paternity offers many benefits. Aside from gaining legal rights that would allow them to seek court orders for custody, parenting time and child support, their children will also gain the right to their inheritance, health insurance and social security benefits.
By taking time to learn about paternity establishment in Nebraska, unmarried parents can become more familiar with the legal processes and take measures that can help them seek financial support for the upbringing of their child or gain rights to be their child’s dad.]]>On Behalf of The Law Offices of James A. Adams, P.C., L.L.O.<![CDATA[What options exist when a Nebraska father is denied visitation?]]>https://www.fathersrightsomaha.com/?p=499082026-04-24T15:11:46Z2026-04-24T15:11:46ZWhat can a petition for enforcement do?
When a Nebraska court issues a parenting plan, both parents are legally bound by its terms. If the other parent refuses to honor your scheduled time with your child, that refusal may constitute a direct violation of a judge's order.
You can respond by filing a motion asking the judge to hold the co-parent in contempt for willful noncompliance. If a judge agrees that the violation was intentional, the consequences can include sanctions, makeup parenting time or other corrective relief.
You generally need to show that the terms of the parenting plan were clear and that the co-parent knowingly chose to disregard them. A judge tend to distinguish between deliberate interference and genuine scheduling misunderstandings.
When does a modification make sense?
Repeated denials of your visitation sometimes reveal that the existing parenting plan is no longer functioning as intended. In these situations, petitioning the court for a modification may provide a more durable solution than enforcement alone.
Nebraska law permits modifications to a parenting plan when there has been a material change in circumstances that affects the child's best interests. You would need to demonstrate that the proposed changes serve your child's best interests and directly address the ongoing pattern of interference.
Pursuing this path also allows the court to reassess the overall arrangement in light of the other parent's conduct. A judge who sees a documented history of visitation denials may be more inclined to restructure the plan in a way that prioritizes compliance.
Why is documentation critical in visitation cases?
Thorough documentation can significantly influence how a judge evaluates your case. Each time you are denied parenting time, recording the date, time and specific circumstances helps establish a pattern the court can review.
Text messages, emails and voicemails showing the co-parent canceling or refusing your scheduled visits are particularly valuable as evidence. A log that focuses on concrete details rather than emotional reactions tends to carry greater weight in court.
An attorney can help you evaluate your evidence and provide guidance on how you might want to proceed. They can also assist in organizing those documented facts into a clear, procedural strategy to formally bring your concerns before a judge.]]>On Behalf of The Law Offices of James A. Adams, P.C., L.L.O.<![CDATA[How does deployment affect a service member’s custody rights?]]>https://www.fathersrightsomaha.com/?p=499002026-03-24T16:04:36Z2026-03-24T16:04:36ZUnderstanding federal and state protections
The Servicemembers Civil Relief Act (SCRA) allows you to request a stay of court proceedings, including custody cases, while you are on active duty. However, military status alone does not pause your case. You will need to request a stay by proving your deployment affects your ability to appear in court, which includes submitting a letter from your commanding officer.
Nebraska also adopted the Uniform Deployed Parents Custody and Visitation Act (UDPCVA). Under this law, any custody change during deployment stays temporary, and the original custody order is generally reinstated automatically upon your return without requiring a new court review.
Building a family care plan for your situation
Before you deploy, creating a family care plan is a step worth prioritizing. It outlines who will care for your child during your absence and how you want guardians to manage decisions about education, health care and daily life.
You may also want to work with a civilian attorney to draft a temporary custody agreement. Nebraska law under the UDPCVA specifically allows you to grant custodial responsibility to a close relative, such as a grandparent or sibling, to exercise your custodial time while you serve away from home.
Responding to custody modification attempts
If the other parent seeks a permanent custody change, under both federal and Nebraska law, the court cannot base that decision solely on your military service or deployment. The judge must weigh all other factors affecting your child's best interests.
At the same time, Nebraska judges pay close attention to the other parent's actions, because judges consider whether that parent acted fairly or tried to use your absence to gain an advantage. You can strengthen your position by keeping records of your involvement in your child's life before and during deployment, so you can show that you stayed engaged if a dispute comes up.]]>On Behalf of The Law Offices of James A. Adams, P.C., L.L.O.<![CDATA[Does moving out of state affect your custody rights as a father?]]>https://www.fathersrightsomaha.com/?p=498972026-03-19T14:24:38Z2026-03-21T14:14:24ZYour work may require a move out of state, but you want to remain an active presence in your child’s life.
Nebraska courts examine how relocation affects children, prioritizing their best interests. Relocation does not automatically alter your custody rights, but courts weigh its impact on your child’s stability and routine.
How relocation affects custody decisions in Nebraska
Courts consider several factors, including the reason for the move, such as career growth or family needs.Your obligations depend on your custody arrangement. Parents with primary physical custody must obtain court approval to relocate a child. If your child primarily lives with the other parent, you may move but should adjust your parenting plan to address the distance.Courts assess how relocation affects your child’s daily life and whether the child can maintain meaningful relationships with both parents. Judges also favor plans that ensure consistent parenting and demonstrate ongoing commitment.Nebraska follows the Uniform Child Custody Jurisdiction and Enforcement Act. Courts generally retain jurisdiction over custody until the child and both parents have minimal ties to the state. Moving cannot nullify an existing Nebraska custody order.
What you can do to maintain strong custody ties
Even with distance, you can stay connected. Regular communication keeps your bond strong. Scheduling visits and sharing milestones helps your child feel your presence. You may need to adjust parenting time to fit travel and school schedules.Before relocating, it helps to think about changes to your custody arrangement. Consider these actions to address custody requirements and maintain your relationship:
File a formal motion to modify your parenting plan with the court if needed
Keep records of calls, video chats and school events
Arrange travel that allows meaningful parenting time
Taking these steps shows you remain committed and present. They can make a difference in how your relationship is viewed by the court and your child.
Keeping your connection strong from anywhere
Distance does not have to weaken your relationship. Staying involved shows your child that you are a constant presence.Thoughtful planning and consistent effort help you preserve parenting time. Maintaining steady communication and deliberate involvement keeps your role as a father strong, even when work takes you out of state.]]>