Q: How does father of a child, who didn’t sign the birth certificate, establish paternity even though it’s been 5 years?

A: There is a method for filing as next friend of the child to establish paternity outside of the 4 year statute of limitations.

A: The statute of limitations to establish paternity in Nebraska is 4 years old. If you have a relationship with the child, you can file outside of the 4 year statute of limitations as the "next friend." For example, if your child lives with you but you never added your name to the birth certificate, you could file as next of friend to establish paternity outside of the 4 years.

When a father doesn't really have a relationship with the child, then the father often doesn't qualify as a "next friend" to use this exception to the 4 year statute of limitations. However, there is another exception that usually applies. The 4 year statute of limitations doesn't apply to the State. Thus, the father can apply to child support services to ask for the State to establish paternity. Once the State files the paternity action, you can join into that action a request to address custody and parenting time within the same case. A heads up that when you apply for the State to establish paternity, they will also pursue you for child support at that same time. Thus, it opens up both issues.

You can apply for the State to establish paternity online at the below website. You will need to add on a request to address custody once the State files their paternity action. This is generally by filing a answer and cross complaint to establish custody and paternity timing, or similar filing, with the Court.

https://dhhs.ne.gov/Pages/Child-Support-Apply.aspx