When unmarried parents have a child, the father’s legal paternity is not automatically established in Nebraska. In some cases, a father may question whether he is the biological parent, and a DNA test may be requested to confirm paternity.
Even when both parents agree on who the father is, a formal paternity action is still necessary. Establishing paternity creates legally enforceable rights and responsibilities, including child custody, parenting time, and child support.
Establishing paternity is important for many reasons. Most importantly, it legally recognizes a father’s rights and responsibilities in the eyes of the State of Nebraska and the court. Benefits of establishing paternity include:
In Nebraska, paternity can be established in two main ways:
While many cases settle through mediation, the court may make final decisions if the parents cannot reach an agreement. Having an experienced family law attorney is essential to ensure the outcome is in the best interests of the child.
If you signed an Acknowledgment of Paternity, be aware that you have a very limited timeframe to challenge or rescind it before it becomes legally binding. Additionally, Nebraska law currently requires that a petition to establish paternity be filed within four years of the child’s birth. Failing to act within this window may limit your ability to establish legal rights as a parent.