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.…

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State 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…

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Pruitt 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…

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Bryson 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…

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