Establishing Paternity

Have Your Paternity Case Handled With Confidence

The issues of paternity and custody have lasting ramifications for the mother, father, and child. Legal issues in paternity cases can be complicated, highly contested, and emotional. For these reasons, you should select Stephen as your child custody lawyer.

Whether you're a mother or a father, trust Stephen to be your custody lawyer and to handle the difficult issues of physical and legal custody and parenting time.

• Establishment of Custody in a Paternity Case
  
• Establishment of Custody in a Divorce Case
  
• Custody and Parenting time
  
• Child Support and Necessary Expenses
• Health Insurance and Uninsured Medical Expenses
• Paternity Lawyer

According to Nebraska Revised Statute 43-1411, a civil proceeding to establish the paternity of a child may be instituted by the mother or the alleged father of such child, either during pregnancy or within four years after the child’s birth, unless a valid consent or relinquishment has been made pursuant to sections 43-104.08 to 43-104.24 or section 43-105 for purposes of adoption1. The proceeding may be instituted in the court of the district where the child is domiciled or found or, for cases under the Uniform Interstate Family Support Act, where the alleged father is domiciled1. The guardian or next friend of such child or the state may also institute the proceeding either during pregnancy or within eighteen years after the child’s birth.

Custody & Visitation Rights (Parenting Time)

Child custody and visitation (parenting time) may be two very important issues you address in a divorce, paternity, or modification case. If you are requesting sole custody, joint custody, or visitation rights, Stephen will provide zealous representation and protect your rights as a parent.

Custody (Sole, Joint and Legal)

Physical custody is the amount of time a child physically spends with each parent. Sole physical custody is an arrangement where the child lives with one parent and the other parent has a set visitation schedule. Joint physical custody is an arrangement where the child spends close to equal time with both parents.

Legal custody is the right of a parent to be involved in major decisions concerning their child. Major decisions encompass education-related matters, medical treatment, religion of the children, extracurricular activities for your children, and the right to communicate with doctors and teachers.

According to Nebraska Revised Statute 43-2923, the best interests of a child require a parenting plan that provides for a child’s safety, emotional growth, health, stability, and physical care, and regular and continuous school attendance and progress for school-age children. The parenting plan should also promote a child’s continued contact with his or her family and parents who have shown the ability to act in the child’s best interests.

In determining custody and parenting arrangements, the court shall consider the best interests of the minor child, which shall include, but not be limited to, consideration of the foregoing factors:

*The relationship of the minor child to each parent prior to the commencement of the action or any subsequent hearing.

*The desires and wishes of the minor child, if of an age of comprehension but regardless of chronological age, when such desires and wishes are based on sound reasoning.

*The general health, welfare, and social behavior of the minor child.

*Credible evidence of abuse inflicted on any family or household member.

*Credible evidence of child abuse or neglect or domestic intimate partner abuse.

If a parent wants to move with his/her children from the State of Nebraska to another state or jurisdiction, he/she must first obtain an order from the court allowing such a move. The order allows the parent to legally move with his/her children to another state or jurisdiction.

The court in Nebraska will use a two-pronged test in determining the outcome in removal cases:

• Does a legitimate reason for the removal exist?
• Is the removal in the best interests of the minor children?

The parent requesting removal has the burden of satisfying the two-pronged test.

Child Support

In Nebraska, child support is managed by the Nebraska Child Support Payment Center and the Department of Health and Human Services. The following are general points to consider:

1. Payment and Collection: Child support payments are typically made through income withholding from the paying parent’s wages. Payments can also be made at self-service kiosks located throughout the state.
2. Services Provided: The state offers various services, including applying for child support, making payments, requesting payment history, and modifying court orders.
3. Legal Obligations: Both parents are legally obligated to support their child financially until the child turns 19. This includes providing for food, shelter, clothing, education, and healthcare.
4. Guidelines and Calculations: The Nebraska Judicial Branch provides guidelines and worksheets to help calculate the appropriate amount of child support.

Get the Lawyer You Need

Look to Stephen as one of the best family law attorneys for specific and meaningful knowledge, and experience in a variety of areas that fall within your paternity case.

• Establishment of paternity
• Child custody and parenting time
  
• Child support
  
• Health insurance
  
• Childcare expenses and uninsured medical expenses
• Tax credit/exemption