McGill Law Blog
In Nebraska, unmarried same sex couples are not afforded the same legal remedies for establishing parentage as opposite sex couples. This is inherently discriminatory for more than one reason, namely this poses sexual orientation & gender-based discrimination. It is past time to move to gender-neutral protection for all parents so that children can have the love and support that they deserve from both parents and all parents can have legally protected relationships with their children.
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Divorce is a complicated process, often marked by emotional turmoil, financial strain, and legal complications. When abuse is present in a marriage, the divorce process can become even more challenging, both for the participants and the professionals assisting them. The abused spouse may be grappling with trauma, fear, and the need to protect themselves and their children. In this article, we will explore how abuse affects divorce and what steps can be taken to ensure the safety and well-being of all parties involved.
Our society often fails to recognize domestic violence and domestic abuse, whether due to a lack of concern or a lack of knowledge. Unfortunately, that failure has infiltrated family law systems and processes, and victims of abuse often struggle to prove the abuse exists when there is little tangible evidence. Financial abuse is one form of abuse that can be difficult to recognize, and difficult to prove. The abuser’s actions may be subtle, yet the control, manipulation, and abuse are ever-present.
Nebraska law allows a grandparent to seek court ordered visitation with their minor grandchild under various circumstances. This includes if the child’s parent or parents are deceased, the child’s parents have been or are going through a divorce, or if the child’s parents have legally established paternity, but have never been married.
We frequently have past clients return to us because they and their former spouse or co-parent are unable to agree upon which school their child(ren) should attend. Sometimes, we are able to discuss a child’s choice of school during the divorce process. However, many times the issue of where the children should attend school is not an issue that arises until years after the divorce.
Please join us for presentations on COLLABORATIVE DIVORCE, AN ETHICAL APPROACH, a free C.E. event for mental health specialists.
In Nebraska, we are experiencing changes to our minimum wage. While the Federal minimum wage has not changed, the state minimum wage in Nebraska is now $10.50 per hour, having begun on January 1, 2023. Nebraska’s state minimum wage will increase by $1.50 each year until 2026, when the minimum wage will reach $15.00 per hour. This is a result of a ballot measure voted on by Nebraska voters in 2022.
Discernment, “the ability to understand inner qualities or relationships” Websters. Did you know there is a unique kind of marriage counseling that does just that? i.e. focuses on the ability to understand your marriage? I recently had the pleasure of meeting a discernment counselor, Liz Wollmann, LICSW of Resolve Mediation & Therapeutic Services, L.L.C., and she graciously agreed to spend some time educating me about this type of counseling.
Entrepreneurs are an odd breed. I should know- I am one and I am also married to one. They often come with a unique drive to succeed, big visions, and even bigger ideas. Being the spouse to an entrepreneur can mean years of sitting shotgun on a wild ride. It can also mean a lot of angst, worry, and fear when the topic of divorce arises for both the entrepreneur and his/her spouse.
Are you going through a divorce or thinking about leaving? Have you already separated but continue to experience harassment and/or violence from your former partner or co-parent?
If you answered 'yes’, ‘maybe’ or even ‘I’m not sure' to any of the above, we invite you to join us February 24th with our friends at the incredible nonprofit MOMentum to share a meal with one another as we present on the occurrence of domestic violence and harassment in family law.
The legal definition of ‘digital grooming’ refers to the use of an electronic communication device to deliberately establish an emotional connection with a child to prepare them for sexual abuse. Abusers use manipulative behaviors to gain access to potential victims and their families to coerce them to agree to the abuse, which reduces their risk of getting caught.
Although there is no set playbook to grooming, the most common methods are:
Targeting the victim
Gaining the child and caregiver's trust
Filling a need
Isolating the child
Sexualizing the relationship
Maintaining control
Smart Gen Society is spearheaded an anti-digital grooming bill that was proposed in the 2023 Nebraska Legislative Session. This legislation aims to:
Define digital grooming under Nebraska law
Create statute criminalizing the use of digital grooming on minors under the age of consent and vulnerable adults
Expand on current laws outlining the procurement and sharing of CSAM
If you want to show support for this bill, there are a few things you can do.
Letters of Support: Smart Gen Society is collecting letters from our community to show local support on this issue. Email ADGB2022@gmail.com to receive a template or to submit completed letters of support.
Petition: Please sign the petition HERE
* Support and learn more about Smart Gen Society and the bills HERE
* Sign letters of support
* Call your senator
* Share your story
One of the most frequent questions we receive during the divorce process is “Which parent can claim the minor children for tax purposes?” Only one parent can claim the Earned Income Tax Credit for qualifying children each year, and if both parents attempt to claim the children in a given year, the IRS must determine which parent takes priority. The tax code provides that custodial parents generally have the right to claim the minor child, but there are exceptions to the rule.
