Lincoln Legal Blog

Will a DUI affect my child custody case?

Divorce can be an uncertain time in life. On top of any emotional turmoil you may be going through, you have to contend with the ambiguity of your financial and family future.

If you and your spouse cannot come to terms over custody of your child, a court will determine your custody status. When Nebraska courts determine child custody, they will put the best interests of the child first. Thus, parents with a DUI charge may be concerned if their charge will reflect negatively on them as a parent to the court.

How can you deal with a high asset divorce?

Nebraskan residents like you who are dealing with high assets during your divorce time may be wondering how those assets could affect you. Compared to people with fewer assets, you will indeed face some unique hurdles.

FindLaw has a piece detailing some practical legal tips that can be used if you are involved in a high asset divorce. One of the first things suggested is to locate all assets. Anything with value can be considered an asset, from the more typical things like cars and houses to the less common ones like electronics or artwork. After finding all assets, you can then divide them between community property, marital property, and separate property, allowing you to determine who gets what with greater ease.

Know the different field sobriety tests

When Nebraska drivers get pulled over for a DUI, they may think a member of law enforcement will ask them to take a breathalyzer test. However, there are several different kinds of field sobriety tests and a law enforcement officer might ask someone to perform one of these tests as well.

There are many different types of field sobriety test a driver might have to perform. According to Very Well Mind, one of these tests is the walk and turn test. People typically have to walk in a straight line by putting one foot directly in front of the other. Law enforcement officers usually want to see if drivers can keep their balance as they turn and if they need their arms to balance. Another kind of test is the horizontal gaze nystagmus test. A member of law enforcement may ask a driver to focus on a pen as he or she moves it around. An intoxicated person may not be able to follow the pen using only his or her eyes.

How can I keep custody of my children after divorce?

There are many ways that children benefit from having contact with both parents. Nebraska courts are increasingly noticing this and awarding what is known as joint physical custody. This means that you would probably have a good chance of maintaining your relationship with your children after divorce.

However, counting on the court to make a decision that favors you is probably not the best strategy, especially if your spouse opposes your custody requirements for some reason. In fact, in some situations, you may need to make a dedicated effort to show the court that maintaining a relationship with you is in your child's best interests.

Many options for child custody

When you realize you and your spouse are getting divorced in Nebraska, you may wonder what will happen to your children. There are several different kinds of custody arrangements. At London Law Office P.C., L.L.O., we want to make sure you understand these arrangements so you can find the situation that works best for your family.

You may think that custody only determines how often you see your children. According to Very Well Family, physical custody addresses your children's living situation. If you and your spouse share joint physical custody, then your kids usually divide their time between you. You might have your kids for one week and then take them to their other parent's home, or the kids may spend several weeks with you. If you have sole physical custody, this means your children live with you full time and visit their other parent for the day or for overnight visits. Sometimes you and your spouse may also decide to try an arrangement called bird's nest custody. In this situation, the children live in your family home and you and your spouse move in and out. While you may like the idea of keeping your kids in one place, this may not be ideal for some families/ This situation generally requires both you and the children's other parent to set up your own separate residence. 

Coping with a loved one's criminal conviction

When people receive word that their loved one in Nebraska has been arrested and is facing a potential criminal conviction, they may be feeling uneasy about how their family member's behavior will impact their life. While there are many valuable resources that can be used in helping criminals to make the most of their time behind bars, their family may also be suffering from their own concerns regarding the situation. 

One of the biggest challenges that people may face is the effort to continue supporting and loving their family member without coming across as being accepting of the mistake that was made. Often, the best way to go about this is for people to be informative in providing ideas of things that can be done to correct their family member's situation, as well as provide unconditional support throughout their process of paying for their wrongdoings. 

Teenagers and drunk driving charges

Many Nebraska parents may stress the dangers of drinking and driving to their teenagers. They may be surprised, then, if their adolescent son or daughter calls to say he or she is being charged with drunk driving. This situation can be serious for teens and it is important for parents to know what they should do. 

Drunk driving charges are something both parents and teenagers should take seriously. Next Generation Village says that a DUI can affect a teen's life for several years. This is because a DUI is usually a Class 1 misdemeanor and the incident may stay on a teenager's criminal record for years. Additionally, some colleges and employers may look at a teenager's criminal record when considering whether to offer him or her a position.

Will you have to pay manimony to your former husband?

If you are a married Nebraska woman who earns as much as or more than your husband does, it may shock you to learn that you may have to pay him spousal support in the event of a divorce. Wife.org nicknames this new spousal support phenomenon manimony.

Today divorce court judges only award manimony in about 15 percent of divorce cases, but this percentage is sure to rise as more and more women attain high-paying jobs that rival or exceed those of their husbands. It may also surprise you to learn that in over 40 percent of American homes, the woman represents the major or only breadwinner. Another statistic shows that more than 2 million American men are now stay-at-home husbands and fathers.

Will your criminal record affect your custody case?

Nebraska courts, like all other courts throughout the nation, make child custody determinations based on "a child's best interests." Unfortunately, the child's best interest standard is purposefully vague, as every child's circumstances and best interests are different. That said, most courts take several of the same factors into consideration when determining with which parent a child should live. Some such factors courts consider include the location of the child's school, each parent's living situation, each parent's schedule, the age and sex of the child and the child's wishes. Most courts will also consider any parental history of alcohol or drug abuse, violence and criminal behavior.

According to FindLaw, the courts will consider any criminal convictions or charges against a parent before assigning custody. However, just because the courts consider criminal history does not mean they will use their findings to justify awarding more or less custody to one parent over the other. Some criminal convictions may have no bearing on custody while others can negatively impact a parent's odds of receiving the same amount or more parental rights as the other parent.

  • Nebraska State Bar Association
  • American Association For Justice
  • Illinois State Bar Association
  • The Missouri Bar | Lex
  • ABA | Defending Liberty Persuing Justice
  • United States District Court

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London Law Office P.C., L.L.O.

London Law Office P.C., L.L.O.
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Lincoln, NE 68502

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