November 2, 2021 | Divorce

Nebraska laws protect the rights of fathers even if they are not married to the mother of their children. You will, however, have to establish paternity in order to prove that you are the father of the children.

Establishing paternity

In order to uphold your rights as a father in a Nebraska court, you must show that you are the father of the child or children in question. Paternity of the children is a requirement that also helps to protect the children’s rights. They court will be able to determine what benefits the children are entitled to and ensure that they are awarded these benefits under state law.

There are two ways that paternity can be established under Nebraska law.

1. Voluntary process

This process is the easiest and also the most cost-effective. It involves the use of a Voluntary Acknowledgement of Paternity — a document that is signed in the presence of a notary public. The form should be completed by both parents. It is then filed with the Department of Health and Vital Statistics. This paves way for the father’s name to be added to the child’s birth certificate. This birth certificate acknowledges you as the father of the children. You will therefore take on all the rights and responsibilities of being a father to the children.

2. Involuntary process

This method of establishing paternity is done through a Paternity Petition given by the family court. The court process is only required in cases where father and mother cannot agree on who the child’s father is and are therefore not willing to sign the Voluntary Acknowledgement of Paternity.

Either the father or mother can file a Paternity Petition with the court. A Paternity Petition may also be filed by the child’s guardian, grandparents or even by the Department of Social Services depending on the circumstances of the case.

When a Paternity Petition is filed, the court will require the alleged father, the child and the mother to submit to a DNA test. If the alleged father refuses to submit to the test, the judge may view their lack of cooperation as evidence that they are the father of the child.

Paternity Petitions can only be filed before the child turns 18. However, children that are above the age of 18 can file the petition themselves if they want to establish their paternity.

Fighting for your rights

After establishing paternity, the court will move on to determining child custody. Nebraska law requires that the best interests of the child be the standard of determining custody. This means that custody won’t be automatically awarded to the mother.

Contact us today to learn more about paternity and fathers’ rights when it comes to child custody in Nebraska. We’ll help you fight to protect your rights.

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