Legal Question in Family Law in Nebraska

Delayed paternity

I had been dating a man whom I later married for more than 3 years. We broke up and I got pregnant by another man. A few months later the man with whom I had been dating wanted to get back together and get married knowing full well that the child was not his. I strongly hesitated, but after a few months of thinking and dating again I agreed to his proposal. I was 19 at the time and forced to have a name on the birth certificate. I was scared at the time for a lot of reasons, so I put the man that I married as the father. We were married for 5 years and divorced. I have sinced remarried (going on 7 years) and in the most stable and loving relationship I have ever been in. My question is what sort of rights do I have as far as possibly terminating any rights with the ex husband. I would still have some sort of visitation schedule worked out, but want all of the descision making authority and say so regarding my daughter. Things and situations have changed over the years and I feel that it is in my 14 year old daughters best interest for me to be in charge. What are my rights and do I have any legal standing?


Asked on 3/12/08, 12:58 pm

1 Answer from Attorneys
David Tarvi n Tarvin Law Office

Re: Delayed paternity

Since your ex is on the birth certificate, he is the presumptive biological father. It will be very difficult to terminate his rights unless he is 1. has not paid child support for a significant amount of time AND 2. has not attempted to see your daughter for a significant amount of time. If you were to terminate his rights then he would not be entitled to visitation. You could personally allow it, of course, but the court would not order it. Speak to an attorney regarding your likelihood of getting rights terminated.

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Answered on 3/28/08, 1:57 am


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