Legal Question in Civil Litigation in Nebraska

Modification/False Allegations

In Nov. 2001, a Ex-Parte Order was issued giving my ex-wife custody of our children. One week later at a hearing she was granted temporary custody. My attorney was fired after I discovered he lied to me. I have been Pro-Se as I can not afford an attoney. Allegations made against me are not true, no charges of any kind. There is no evidence to claims made in the Complaint of Nov. 2001. The entire ordeal was facilitated by my son who, after being angered over a disciplinary action I imposed, fabricated a story to the police. Subsequently, no evidence to support his claim was found after an investigation and charges were never filed. The change in circumstances that dictate custody be modified is non-existent. What can I do Pro-Se to get my children back? What steps are necessary to force their side to substantiate the allegations? Is a summary judgement in order? Is a motion to dismiss in order?

Thanks for any consideration given to my question.

Thank You


Asked on 9/18/02, 2:00 pm

1 Answer from Attorneys
William Jones William P. Jones, Attorney-at-Law

Re: Modification/False Allegations

If you cannot afford an attorney, you should seek legal assistance from Legal Services of Nebraska, contact the Volunteer Lawyers Project of the Nebraska Bar Association or seek local counsel who would take your case pro bono publico. I would never advise anyone to trust their children to their pro se efforts unless the person representing themselves was quite knowledgeable about the law. Most attorneys faced with custody disputes hire a lawyer rather than do it themselves. This should tell you something. The situation you are in is full of legal complications which could seriously hamper your efforts pro se.

Good luck

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Answered on 9/19/02, 9:19 am


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