Vacanti | Shattuck | Finocchiaro Attorneys

Who Has Custody Of A Child When The Parents Are Not Married In Nebraska?

Who Has Custody Of A Child When The Parents Are Not Married In Nebraska?When a child is born in the state of Nebraska, and the parties are not married, the mother has rights to that child if the father is unknown or is not acknowledged. However, if the father is known and is recognized as the biological father, then he has the same rights as the mother. Usually, a paternity form is completed at the time of the child’s birth and signed by the mother acknowledging paternity.

If the father did not sign an acknowledgment of paternity form but wants to be confirmed as the father, he would need to seek a lawyer for legal assistance. The lawyer will file a lawsuit to establish paternity. Paternity can be established through agreement or genetic testing. The father would then have the same legal rights to the child as the mother.

Can A Mother Legally Keep Her Child Away from The Father?

If the father is acknowledged and is on the birth certificate as the father, the mother cannot legally keep her child away from him. If the father is being kept from seeing his child, he’d have to hire a lawyer to file a lawsuit.

If My Name Is On The Birth Certificate As The Father, Does That Mean I Automatically Have Rights To Visitation And Custody?

If the father’s name is on the birth certificate, it establishes the issue of paternity. In other words, the father is the biological parent to the child and by virtue, has rights. It’s a right to have a relationship with the child, and a right to support the child. As long as the father’s name is on the birth certificate, that father will have rights to the child. A father has rights to custody, joint custody, and visitation or supervised visitation. If the court deems that the father is an unfit parent, the judge will determine the extent of custodial and visitation rights.

Can I Change My Child’s Last Name Without The Father’s Consent?

No. A mother cannot change her child’s last name without the father’s consent. In order to change the child’s last name, the mother has to file a name change lawsuit. She is also required to give notice to anyone that might be considered an interested party. In other words, the mother is required to tell the father that she has filed a lawsuit and intends to ask the court to change the child’s last name. The father can attend the hearing and argue his reason to the court against changing the child’s name. If the father doesn’t show up in court, the mother can request the name change, and if the mother’s rationale and reasoning are not unusual, the judge will allow her to change that last name.

Do Mothers Generally Have More Rights Than Fathers?

Both mothers and fathers have equal rights. Mothers don’t really have a considerable advantage over fathers; it’s very minimal if any, and for the most part, mothers and fathers are treated equally in the courthouse.

How Long Does A Father Have To Be Absent To Lose His Rights or Custody?

For a parent to lose his or her parental rights, he or she would have to abandon their child for six consecutive months. This type of case is known as termination of parental rights. The courts indicate that abandonment is established when there is no contact or no support is provided for six consecutive months. For instance, if a parent goes for six successive months without paying support, providing financial assistance, calling a child, providing birthday gifts, or any support or involvement, the other parent has the right to file a termination of parental rights case. It’s a drastic step to terminate someone’s parental rights, but the first hurdle to get over would be the six months. However, judges are reluctant to terminate parental rights at six months and often wait a bit longer before deciding on termination. If a parent has been gone for a year or 18 months with no contact or support, then filing a termination case would be successful.

For more information on Child Custody Issues For Unmarried Parents, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (402) 235-6070 today.

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