When it comes to raising a child, both parents play a vital role. But what happens when parents are not married, or when there’s a dispute over parental rights and responsibilities? In Nebraska, paternity and custody actions are legal processes that help clarify and protect the rights of parents—and most importantly, ensure the best interests of the child.
What Is a Paternity Action?
Paternity refers to the legal identification of a child’s biological father. In Nebraska, if parents are married at the time of a child’s birth, the husband is presumed to be the father. However, if the parents are not married, paternity must be established legally.
There are two main ways to establish paternity in Nebraska:
- Voluntary Acknowledgment – Both parents can sign a Notarized Acknowledgment of Paternity (NAP) form, usually at the hospital when the child is born or later through the Department of Health and Human Services.
- Court-Ordered Paternity Test – If paternity is contested, either parent can file a paternity action in court. The court may order DNA testing to determine biological fatherhood.
Establishing paternity is important not just for legal rights, but also for things like:
- Child support
- Health insurance
- Inheritance rights
- Access to medical history
- Custody and visitation
Custody in Nebraska: Legal vs. Physical
Once paternity is established, the next step for unmarried or separated parents is to determine custody arrangements. Nebraska law recognizes two main types of custody:
- Legal Custody: The right to make important decisions about the child’s upbringing (education, healthcare, religion, etc.)
- Physical Custody: Where and with whom the child lives
Parents may share custody (joint custody), or one parent may be granted sole custody. The court can award:
- Joint Legal Custody
- Joint Physical Custody
- Sole Legal and/or Physical Custody to one parent, with visitation rights to the other
How Courts Decide Custody
Nebraska courts focus on the best interests of the child when determining custody. Some key factors include:
- The relationship between the child and each parent
- Each parent’s ability to provide for the child’s needs
- The child’s home, school, and community environment
- Any history of abuse, neglect, or domestic violence
- The child’s wishes, depending on their age and maturity
Parents are also required to submit a parenting plan, which outlines how they will share time and decision-making. If parents can’t agree, the court will establish the plan based on evidence presented.
Modifying Custody or Parenting Time
Life circumstances change. Either parent can ask the court to modify custody or parenting time if there’s a material change in circumstances (e.g., relocation, changes in the child’s needs, or parental fitness). The court will again prioritize the child’s best interests in making any changes.
Child Support
Once custody and parenting time are established, the court will also address child support. Nebraska follows child support guidelines based on income, number of children, parenting time, and other expenses like daycare or health insurance.
Support orders can be enforced through wage garnishment or other legal means if payments are not made.
Final Thoughts
Navigating paternity and custody actions in Nebraska can be emotional and legally complex. Whether you’re a father seeking rights, a mother ensuring support, or two co-parents trying to build a healthy arrangement for your child, it’s important to understand your rights and responsibilities.
Consulting with a family law attorney is often the best first step. They can help guide you through the legal process, advocate your interests, and make sure that your child’s well-being remains the top priority.
Need Help with a Paternity or Custody Case?
If you’re dealing with a paternity or custody matter in Nebraska, you don’t have to face it alone. Our experienced family law attorneys are here to help you understand your rights, protect your interests, and advocate for what’s best for your child.
📞 Call us today at (402) 603-1112
💼 Or visit us at PlainsLegalGroup.com to schedule a confidential consultation.
Let us help you find clarity—and peace of mind.
