affidavit of preference in Nebraska

[firedog11ku]

What is the name of your state? Nebraska

My wife has two daughters from a previous marriage. They are now 9 and 10. They don't want to go to their dad's on the normal weekends anymore. We have told them that they do not have a choice. It's the courts decision, not our or theirs. Apparently, one of the ten year olds friends told her that if she doesn't want to go to her dad's, then she can talk to the judge and tell him so. We told her she was wrong. That's when I came to this site.

My question is this: What is the age that a child can file for an affidavit of preference in the State of Nebraska? And if she is right, what does that mean for her younger sister.

I thank you for your time and help. Look forward to reading any responses.What is the name of your state?

 

[CJane]

What is the name of your state? Nebraska

My wife has two daughters from a previous marriage. They are now 9 and 10. They don't want to go to their dad's on the normal weekends anymore. We have told them that they do not have a choice. It's the courts decision, not our or theirs.

That was the correct answer.

Apparently, one of the ten year olds friends told her that if she doesn't want to go to her dad's, then she can talk to the judge and tell him so. We told her she was wrong. That's when I came to this site.

Also the correct answer.

My question is this: What is the age that a child can file for an affidavit of preference in the State of Nebraska?

Couple of things...

1) I don't know that an affidavit of preference even exists in Nebraska... I think it's particular to TX.

2) Even if it WAS a possibility in NE, it wouldn't be possible for a 10 year old as that's FAR too young.

3) In Texas, an affidavit of preference allows the child to express to the judge which child the parent prefers to live with - NOT whether or not they visit the other parent. I cannot think of a single state that would allow a child - particularly a child of 10 to decide whether or not to visit the non-custodial parent.

 

[stealth2]

I don't know that NE has provisions for an AoP. However.... even if it does, that's regarding which parent the child would prefer to live with. NOT whether or not the child sees the other parent.

(edit) Sorry - reread and saw where you gave the ages of the children. A 10yo is NOT going to be allowed to make this sort of decision.

 

[firedog11ku]

Sorry for the use of the wrong wording.

I didn't think that was correct. My step-daughters are very active and very intellegent. There dad gets them every other week end and every other holiday. They miss alot of their activities because there dad will not take them to anything, or even come and watch them. There have been a lot of different issues that most parents would dream of putting on there kids, but their dad has.

Will there ever be a day, before they go to college that they could petition to not have to go to their dad's? We don't bring it up at all. The older they get, the more activities they want to be in. We have to say no a lot because it does makes no sense to let the do something that costs fifty dollars a piece, and then they only get to go to half of the events. They get upset and then they blame their dad even more. Even though their dad is a real piece of work, he is still their dad.

 

[CJane]

Sorry for the use of the wrong wording. I didn't think that was correct.

It's not that the wording was wrong. It's that there is likely no such thing in NE.

My step-daughters are very active and very intellegent. There dad gets them every other week end and every other holiday. They miss alot of their activities because there dad will not take them to anything, or even come and watch them.

Unfortunately, that is his right unless he is court ordered to take them to activities on his time.

Will there ever be a day, before they go to college that they could petition to not have to go to their dad's?

It's HIGHLY unlikely that they will be allowed to determine the visitation schedule until they are 18.

We don't bring it up at all. The older they get, the more activities they want to be in. We have to say no a lot because it does makes no sense to let the do something that costs fifty dollars a piece, and then they only get to go to half of the events.

Parents have to say no all the time. Your kids will get over it.

They get upset and then they blame their dad even more. Even though their dad is a real piece of work, he is still their dad.

I don't know how you're phrasing things to them, but there's no need for them to know that the reason they're not doing something is because of their father. I don't know why you couldn't just say "Let's find an activity that doesn't happen on weekends since weekends are so busy already."

 

[firedog11ku]

We usually just tell them that we can't afford it, but they aren't stupid. They know the real reason without having to say anything.

We never mention, at least with the kids around, our true opionions of their dad. He's in his thirties and has never had a full time job. He has never paid his child support, unitl they intercept his tax returns ( I feel sorry for his current wife, it's her tax return money). On his weekends, he gets a sitter so that he can go out to the bars or goes and plays poker. When he has them for Christmas, he doesn't give them any gifts, from Santa or himself, and tells them that Santa left their presents at our house, even though there are presents for their half-siblings there.

I get tired of covering for this piece of garbage, and cleaning up his messes. What responsible adult would make, I repeat make, a seven and six year old watch movies like "The Ring", and "Dracula" for the sole purpose of scaring the day lights out of them.

Sorry, off the subject.

 

[stealth2]

Quite honestly, dude? YOUR opinion of their father means squat. He's the guy your wife CHOSE to sleep with and make these children with. Deal with it.

 

[CJane]

We usually just tell them that we can't afford it, but they aren't stupid. They know the real reason without having to say anything.

We never mention, at least with the kids around, our true opionions of their dad. He's in his thirties and has never had a full time job. He has never paid his child support, unitl they intercept his tax returns ( I feel sorry for his current wife, it's her tax return money). On his weekends, he gets a sitter so that he can go out to the bars or goes and plays poker. When he has them for Christmas, he doesn't give them any gifts, from Santa or himself, and tells them that Santa left their presents at our house, even though there are presents for their half-siblings there.

I get tired of covering for this piece of garbage, and cleaning up his messes. What responsible adult would make, I repeat make, a seven and six year old watch movies like "The Ring", and "Dracula" for the sole purpose of scaring the day lights out of them.

Sorry, off the subject.

I'm sorry, but none of that is relevant. It doesn't make dad a great person, certainly isn't going to garner him a Dad of the Year award, but it doesn't make him unfit either.

Here's how the courts look at it - your wife CHOSE to have 2 children with this man. By doing so, she made a decision that he was a fit parent. She may have decided later that he's an ass, but unless he's HARMING the children in a tangible way, he's not going to lose his visitation.

And if he could ever PROVE that Mom is not encouraging the children to have 'frequent and meaningful contact' with him, HER custody could be affected.

 

[firedog11ku]

Let me clear one thing up, my wife was only seventeen when she got preganent with the oldest. He was twenty-one, he should have went to jail for statutory rape. My wife's dad kicked her out of the house so she moved in with him, at his mother's house. When she got a job to support them, he moved with her. He beat on her constantly, and one night he forced himself on her and she got preganent with the second daughter. She doesn't believe in abortion or adoption, so she had her and then kicked him out and filed charges for abuse, but the police did nothing. Then one night he broke into her house, she broke his ribs and nose and drug his sorry butt outside and called the police.

If that's a choice, I'd hate to see what you call force.

 

[firedog11ku]

I apologize if my anger is getting the best of me, but Dead-beat parents, because it isn't always the dad, are a hot button issue with me.

I thank thank you for the helpful posts.

 

[CJane]

Let me clear one thing up, my wife was only seventeen when she got preganent with the oldest.

And she CHOSE to stay pregnant.

He was twenty-one, he should have went to jail for statutory rape. My wife's dad kicked her out of the house so she moved in with him, at his mother's house.

She CHOSE to move in with him.

When she got a job to support them, he moved with her.

She CHOSE to move with him.

He beat on her constantly, and one night he forced himself on her and she got preganent with the second daughter.

She CHOSE to stay with him.

She doesn't believe in abortion or adoption,

She CHOSE to stay pregnant.

so she had her and then kicked him out and filed charges for abuse, but the police did nothing.

She CHOSE to wait til it was too late for anyone to do anything.

Then one night he broke into her house, she broke his ribs and nose and drug his sorry butt outside and called the police.

She CHOSE to commit a violent assault against him.

If that's a choice, I'd hate to see what you call force.

Looks like a LOT of choices. Not many of them good ones.

She'll be connected to this man for the next 10 years. It's probably best that y'all wrap your heads around that now.

 

[stealth2]

Right on, CJ.