Paternity Proceedings

What is Paternity in Nebraska?

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.

Why Establish Paternity?

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:

  • The ability to request custody or parenting time
  • The right to participate in major decisions (education, medical care, etc.)
  • The child’s right to financial support, medical benefits, and inheritance
  • A clear legal relationship that protects both the father and child

How to Establish Paternity in Nebraska

In Nebraska, paternity can be established in two main ways:

  1. At the Hospital (Acknowledgment of Paternity): Parents may sign an Acknowledgment of Paternity (AOP) at the hospital when the child is born. This is a voluntary process that legally identifies the father.
  2. Through the Court System: If paternity is not established at birth, it can be done through the courts. An attorney can help guide you through the process, which often includes:
 
  • Negotiating or mediating a parenting plan
  • Establishing custody and parenting time through courts
  • Determining child support
  • Requesting DNA testing if needed
 

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.

Time Limits for Establishing Paternity in Nebraska

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.

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