Tyler F. v. Sara P. (Nebraska 2020)
A properly executed paternity acknowledgement conclusively established paternity and cannot be set aside without a showing of fraud, duress, or material mistake of fact. The Nebraska paternity statutes do not currently account for multiple legal parents for a child. This case is the latest appeal in an ongoing paternity action. On remand from Tyler F.…
Read MoreState v. Ian K. (Nebraska 2020)
The state is not authorized to bring a paternity action for a child who is not born out-of-wedlock. The mother and husband were married and had a child. Genetic testing later proved the husband wasn’t the child’s biological father. The State filed a petition to establish paternity for the biological father and effectively disestablish the…
Read MorePruitt v. Pruitt (Tennessee 2019)
In order for a judgment to be set aside under Rule 60.02, there must be a material mistake of fact. A father who knows he is not a child’s biological parent, yet signs a paternity affidavit and agrees to pay child support in a divorce, is not operating under a mistake of fact. In this…
Read MoreBryson L. v. Izabella L. (Nebraska 2019)
The appellate court only has jurisdiction over timely-filed appeals. The mother and father divorced in November 2016, and the father was awarded custody of the child. In September 2017, an alleged father filed to intervene in the divorce action, stating he was the child’s biological father. The district court denied his motion. The alleged father…
Read MoreAlicia C v. Jeremy C (Nebraska 2012)
The state statutes allow fathers whose paternity was adjudicated in a divorce decree to challenge the paternity determination at a later date
Read MoreState v. Batt and Filbert (Nebraska 1998)
Even when a child has a presumptive father, a later action to determine paternity is not barred although clear and convincing evidence is necessary to rebut presumption.
Read MoreState on behalf of BM v. Brian F (Nebraska 2014)
A motion to modify support cannot be converted into a motion for disestablishment even if the father attaches a genetic test showing he is not the biological father of child
Read MoreState ex rel. Secretary of SRS v. Clear (Kansas 1991)
To terminate parental rights under Kansas law, voluntary relinquishment of parental rights and Kansas Department of Social and Rehabilitation Services’ acceptance of surrender of the child are required.
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