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SC Law Attorney
SC Law Attorney, Family Law Attorney
Category: Family Law
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Experience:  I have been practicing primarily in the field of Family Law for approximately 17 years
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My divorce was finalized in California. Both my ex husband

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My divorce was finalized in California. Both my ex husband and our children, as well as my current husband and myself now reside in Nebraska. I am remarried, have sole physical and legal of our son, we have joint physical and legal of our daughter, ages 14 and 15 respectively. We all decided to move here together, to help each other financially, as well as for the children to have both parents- however, 2 weeks after we came here, my ex (who is diabetic, an amputee, and on dialysis) went to the hospital due to a back/bone infection that had been dormant for some time- as a result, he has not been back home again for almost a year, and is now in a nursing home with a myriad of problems due to his declining physical health, and I am told that the nursing home will be a permanent situation for him. I take care of his bills for him, as well as being his POA. My daughter has been living with me for 11 months now, and I need to see about modifying the original custody order to have myself as the custodial parent (he was the custodial parent in the original document), as he is wanting to go back to California to be closer to his siblings. I don't know about Nebraska family law issues, and I cannot seem to find a form to file for a modification regarding this. I cannot afford to hire an attorney to file it for me, however, I understand I have to file something in order to have the case moved to Nebraska jurisdiction, since we are both here at this time. Do you know what forms I would need, and can I file this on my own?
Submitted: 3 years ago.
Category: Family Law
Expert:  SC Law Attorney replied 3 years ago.
You would need to "domesticate" the CA Order, which would require taking a certified copy of the CA Order and filing it in NE. If he is in agreement, there should be no problem, then asking the Court to take judicial notice of and adopt the NE Order as part of the relief you are seeking. To avoid separate filing fees, I would probably do it all as part of one action. In the beginning of the paper work before you set out the relief you are requesting (whether it be the custody modification or approval of an agreement modifying custody, if you have an agreement), I would raise the NE Order issue., and the fact that NE now has jurisdiction since all parties and the children who are the subject of your action reside in NE. I don't know if there is a specific form for that, but basically what you are doing is a "Motion to Domesticate a foreign Order by agreement". I always saw it is better to get an attorney, even if there is an agreement, if you have any complex issues and don't know what you are doing. This helps to assure that everything is getting done properly and timely.
SC Law Attorney, Family Law Attorney
Category: Family Law
Satisfied Customers: 344
Experience: I have been practicing primarily in the field of Family Law for approximately 17 years
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