Benjamin M. v. Jeri S. (Nebraska 2020)

307 Neb. 733 (2020)
November 2020

An unrescinded and unchallenged acknowledgement of paternity is a legal finding of parentage. The parents had two children, and the father has signed an acknowledgement of paternity immediately following the birth of both children. Years later, the father filed to establish paternity, custody, support, and parenting time. He subsequently amended the complaint to take out his plea for paternity. The amended complaint explained that paternity was not at issue. He had signed acknowledgements for both children. The mother moved to dismiss, arguing that his filing was outside the statute of limitations to establish paternity. The district court dismissed the petition finding that he waited to long to bring the action and assert his parental rights. The father filed post-trial motions, which were denied. The father appealed. The Supreme Court reversed this decision. The district court failed to give the proper effect to the paternity acknowledgement. It served as an adjudication of paternity, which established the father’s paternity and made him liable for financial support. The paternity statute of limitations was no longer in play.