Arapahoe, NE asked in Child Custody, Domestic Violence and Family Law for Nebraska

Q: My ex is getting custody of my oldest child, he is not biologically his. How do I stop this?

Ex husband was very abusive, reports and rrests on dv. Bc of a recent case with hhs and drug use (children not exposed in any way via proof hair follicle test) Temp guardianship was given to my parents. The ex, who was just released from jail on the exact same charges as me after being completely absent was given placement after 6 supervised visits. We are both clean now. We began dating while pregnant with my first child. He was manipulative, controlling and abusive. I didn't stop him signing irth certificate. We married 2 yrs later and had two morechildren, then a divorce finalized 4 yrs later. During custody hearings he still had a abusive control and threatened me from revealing he was not the bio dad to establish paternity, I did so under distress to avoid trouble from him. My oldest has always known this and acknowledges both fathers were absent most of his life. Im will take repercussions for my actions to prevent custody with ex. He refused DNA but bio dad is willing

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

A: You may want to take a look at the Nebraska Supreme Court case at Cesar C. v. Alicia L, 281 Neb. 979 (2011). In this case, the mother and non-biological father signed a notarized acknowledgment of paternity (the document signed that puts a father's on a birth certificate) stating that the non-biological father was the child's father. The non-biological father acted in the role of the child's father. A contested custody case was later filed by the non-biological father, the court granted a temporary order granted the non-biological father custody. Genetic testing paternity results later showed that the non-biological father was not the biological father and then gave custody to the mother. The Nebraska Supreme Court reversed and said that the court did not give proper weight to the acknowledgment which legally established the father as the child's father even though he wasn't the biological father.

There is also caselaw in Nebraska that states if the child is confirmed as a child of the parents in a divorce action and continues to act in the role of the child's father, it may be very difficult, if not impossible, for the Court to later rule he is not the child's legal father even if the father is not the child's biological father.

It can be very difficult to disestablish paternity once paternity has been established by a court order or by signing the birth certificate if the father then acts in the role of the child's father for many years. I have assisted with these cases in the past, but the chance of success is very fact-specific.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.