Asked in Family Law and Child Custody for Nebraska

Q: Does my sons dad have any rights to our son?

My child’s father and I broke up and he’s threatening to take him from me because I’m a teenager (17) and he’s older (29) and has more of an advantage of getting him. He doesn’t have time to take care of him. I was a stay at home mom (forced by him) so I have no income as of now. Could he take him from me? He’s not on the birth certificate does this mean as of now he doesn’t have any rights? Not sure what to do. I don’t have much help from family so I’m in desperate need of housing and help but I’m still so young...

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1 Lawyer Answer
Julie Fowler
Julie Fowler
Answered
  • Divorce Lawyer
  • Omaha, NE
  • Licensed in Nebraska

A: A father has equal rights to their child as the mother once paternity is established. In Nebraska, paternity is generally established in one of three ways: signing a notarized acknowledgement of paternity to have his name added to the birth certificate, being married to the mother at the time of birth, or by a court order. Generally, until paternity is legally established, a father does not have legal rights to the child.

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