Legal Question in Family Law in Nebraska
custody filing
am writing for my son his wife gave him their son in August could no longer take care of him. Have not seen or heard from her in over 2 months. She has informed the socialservice dept. here that my son has taken their son. She will not sign any divorce papers giving him custody of their son, But states she has her own live and doesn't want him a part of it. What can be done. Son can't afford an attorney at this time just started working, and the legal aid dept here willnot take his case, because they have a case file on the wife already, and say it would be a conflict of interest if they take on his case also. What if any recourse can he take. Please any answer and or help is greatly needed in this matter. Have spoken with her father and he says he has not seen her since December and her mother has not seen or spoken to her in that time span either.
Thank-you for you help in advance.
1 Answer from Attorneys
Re: custody filing
Your son needs to get an attorney. All the relatives can pool their money, take out loans, sell that car they�ve been going to fix up for the last five years, whatever it takes. If your son were to screw up a division of marital property, he could buy more property. If he screws up parenting issues, he might not be able to ask the court to re-open the issues. The legal services office is correct about its conflict of interest. Your son can call your state bar lawyer referral service (look in the yellow pages in the attorney section).
In my state, one party cannot stall a dissolution (divorce) by �not signing the papers.� If the
matter goes to a hearing or a trial, the judge will issue an order saying what will happen whether mom likes it or not.
A parent who leaves for two months without telling the other parent where she�s going, when
she plans to resume taking care of the child, without sending any support, etc., might fit under
your state�s definition of abandonment. Her parents� statements make wonderfully supporting
testimony (if they�re willing to say it in court). Even if your son is named the custodial parent, don�t let him forget that children need a relationship with the other parent. Even if she�s not suitable for long visits, try to work out a way that the child can see the mother
(supervised, probably). Also, counseling is often vital for a child who�s dealing with �mom
doesn�t love me enough to stick around, what�s wrong with me?�