Protecting Your Rights As An Unmarried Father During Custody Disputes In Nebraska
Posted By: William Finocchiaro
In this article, you will discover:
- How an unmarried father can legally establish paternity in Nebraska.
- How a family lawyer can help an unmarried father petition for his rights.
- Your legal options if your child’s mother denies you visitation.
How Can I Establish Paternity And Gain Custody Rights As An Unmarried Father In Nebraska?
There are two main steps that an unmarried father can take to establish paternity in Nebraska.
The first is signing an Acknowledgement of Paternity at or around the child’s birth. This document acknowledges an unmarried father is the legal father of the minor child. Once signed, there’s a 60-day rescission period. Following that, the acknowledgment of paternity is considered a legal finding that the unmarried individual is the father of the child.
The second way to establish paternity is through an Order of Paternity. This process can be accomplished by filing a Complaint to Establish Paternity. The filing of that complaint can address both the issues of paternity and custody rights. If an Order of Paternity is granted, an order would be issued by the court, which will act as a legal finding of paternity between the father and child.
How Can A Family Law Attorney Help An Unmarried Father Petition For Custody Or Visitation Rights?
A family law attorney can assist an unmarried father by filing a complaint to establish paternity, custody, parenting time and support with Nebraska courts. This process allows an unmarried father the opportunity to address each of these issues, including obtaining a court order that states he is, in fact, the child’s legal father. The court has the power to determine issues of custody and parenting time, which are always determined in accordance with the minor child’s best interests.
A family law attorney can also assist with child support, which is calculated pursuant to the Nebraska Child Support Guidelines. Child support is based on each party’s respective income and deductions, as well as the physical custody arrangement and parenting schedule agreed to by the parties or ordered by the court.
Finally, your attorney can advocate for your interests in the physical custody arrangement or when establishing parenting time, which are determined in accordance with the minor child’s best interests.
What Are My Legal Options As An Unmarried Father If I’m Denied Child Visitation By The Mother?
There are legal remedies available to address this situation, depending on your circumstances. Suppose there is no order from the court addressing paternity, custody or parenting time when visitation is denied. In that case, you should speak with an attorney about filing a complaint to establish paternity, custody and parenting time. This course of action will allow the judge to rule on these issues and determine how they’ll be handled.
What if there is an order regarding custody and parenting time in place, and the mother chooses to deny the court order regarding visitation? Then, you can file a contempt action against the mother for what may be her willful violation of the court’s order.
Every case is different, and emergency circumstances do occur; however, it’s essential to follow the court’s order on custody and parenting time. Whenever possible, any changes to the order should be implemented by the court or by an agreement of the parties, as opposed to self-help or making unilateral changes.
What Are Common Mistakes Unmarried Fathers Make During Custody Disputes In Nebraska?
Nebraska law limits or otherwise outright prevents an unmarried father from establishing paternity over a child once they reach the age of four. In some circumstances, these limitations or preventions cannot be overcome, even if there’s a genetic test proving you’re the child’s biological father.
If you are an unmarried father, signing an Acknowledgement of Paternity at or near the time of the child’s birth prevents this from being an issue at all. That acknowledgment will serve as a legal finding of paternity.
If you did not sign an Acknowledgement of Paternity, it is imperative to speak with an attorney to ensure that you legally establish yourself as the child’s father prior to them reaching the age of four.
Case Study: Helping An Unmarried Father Protect His Parental Rights Despite Legal Disadvantages
We had a client who was concerned about his custody rights. The child had the father’s last name and lived with him since birth. Due to circumstances at the time, the father did not sign an Acknowledgement of Paternity at the time the child was born. Also, there had been no order establishing paternity through the courts.
We discovered that despite the child having the father’s last name, living with the father since birth and having a genetic test that proved paternity, our client was never determined to be the child’s legal father.
Thankfully, we were able to quickly ascertain these facts and file a complaint prior to the child turning the age of four. The father and the child still live together to this day and have a great relationship. While the father wasn’t at fault and did not do anything wrong, he may have been denied an opportunity to obtain a legal finding that he is the child’s legal father had he waited a few more months to retain counsel.
Still Have Questions? Ready To Get Started?
For more information on unmarried fathers’ custody rights in Nebraska, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (402) 235-6070 today.
