Asked in Family Law for Nebraska

Q: How long does paternity case take in Nebraska?

A friend was notified while in jail that he was named as a potential father for this woman's twins. Since then he hasn't been contacted further. No court order for DNA. Nothing. Except this woman messages saying that they're his - and she lost custody about a year ago of all her kids including those. Pending criminal charges/trial. Shouldn't the state have sent a request for DNA by now? He's not signing or acknowledging anything despite repeated messages from this woman who has gone from saying she had notified someone else they are the father when she first found out she was pregnant, to telling my friend to screw off, to saying she wouldn't confirm or deny on messages to now saying that they have to be his because of looks (despite "looking like" not being a way to establish paternity). She was with at least four other men at the same time as she was with my friend too.

Related Topics:
1 Lawyer Answer
Julie Fowler
Julie Fowler
Answered
  • Omaha, NE
  • Licensed in Nebraska

A: When you are served with a paternity court case, you are required to file a response within 30 days of service if you object to the allegations in the complaint. If he hasn't filed an answer questioning paternity, then the Court can find him to be the children's legal father without paternity testing. If he wants to contest paternity, he needs to contact an attorney now or he may be found to be the father because of failing to follow the correct court procedure to contest the case. What is next best course of action depends on the facts of the case and where specifically the case is at in the court process. If he does a written request for genetic testing timely, the Court will generally order genetic testing and the State will generally facilitate with getting the paternity testing completed promptly.

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.