Paternity and Custody for Unmarried Parents
When parents are not married, establishing paternity is the first step toward securing custody, parenting time, and child support. Until paternity is legally established and a court order is entered, an unmarried father has no court-enforceable right to time with his child. Establishing paternity also protects the child’s rights to financial support, inheritance, benefits, and family medical history.
How Paternity Is Established in Nebraska
- Voluntary acknowledgment. Both parents can sign a notarized acknowledgment of paternity, often at the hospital when the child is born. A signed acknowledgment has the effect of a legal finding of paternity. It can be withdrawn only within a short window, and after that it can be challenged only on limited grounds such as fraud, duress, or a material mistake of fact.
- Genetic testing. When paternity is disputed, the court can order genetic testing.
- Court action. Either parent can file a paternity case asking the court to establish paternity and to enter orders on custody, parenting time, and support.
- Children born during a marriage. A child born to a married woman is presumed to be her husband’s child. Overcoming that presumption requires court action.
A Note About State Child Support Cases
The county attorney or the state’s child support program may file a case to establish paternity and child support. Those attorneys do not represent either parent, and those cases generally do not address custody or parenting time. If you want a parenting plan in place, you will usually need to address it yourself, and you should do so early.
After Paternity Is Established
Once parentage is established, unmarried parents have the same custody rights and responsibilities as divorcing parents. The Nebraska Parenting Act applies, which means a parenting plan, a parenting education class, and mediation if the parents disagree. Child support is set under the Nebraska Child Support Guidelines. See our Child Custody page for more.
Don’t Wait
Nebraska law sets deadlines for bringing paternity actions, and the longer an informal arrangement continues, the harder it can be to change. If you are an unmarried parent without a court order, talk to an attorney sooner rather than later.
Frequently Asked Questions
I signed the acknowledgment of paternity. Do I have custody rights?
The acknowledgment establishes that you are the legal father, but it does not create a parenting time schedule. Without a court order, you have no enforceable right to see your child. A custody action puts that right in writing.
How long does a paternity case take?
It depends on whether paternity is disputed and whether the parents can agree on a parenting plan. Agreed cases can move quickly. Contested custody issues take longer.
