Q: If a guy claims that my child is his, can he file for custody even though he hasn’t been in her life since she was born?
She turned 4 this year and he is claiming he is going to go to court to get visitation rights. Is that even possible?
A:
There is a statute of limitation for paternity in Nebraska of 4 years old. That being said, there are a number of work-arounds, such as asking the State to file a paternity action as the State has until 18 years old to file for paternity. Further, if there is a child support order established or if he is on the birth certificate, then the 4 year statute of limitations will not likely apply. Thus, it is entirely possible for a biological father to ask for custody or visitation even if the father hasn't been in the child's life.
If an absent parent requests parenting time, the court generally will allow parenting time by taking small steps. For example, start by introducing the child and biological parent in therapy sessions or supervised visits before graduating to unsupervised parenting time. Some judges handle this differently than others. If he files an action, you would want to hire an attorney to assist you.
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