US Laws, Codes, Statutes & Cases

If a notice of intent to claim paternity and obtain custody is timely filed with the biological father registry pursuant to section 43-104.02, either the claimant-father, the mother, or her agent specifically designated in writing shall, within thirty days after filing the notice, file a petition for an adjudication of the claim of paternity and right to custody. The petition shall be filed in the county court in the county where such child was born or, if a separate juvenile court already has jurisdiction over the child, in such separate juvenile court. If such a petition is not filed within thirty days after filing the notice, the claimant-father's consent to adoption of the child shall not be required, he is not entitled to any further notice, and any alleged parental rights of the claimant-father shall not be recognized thereafter in any court. After the filing of such petition, the court shall set a trial date upon proper notice to the parties not less than twenty nor more than thirty days after such filing. If the mother contests the claim of paternity, the court shall take such testimony as shall enable it to determine the facts. The claimant-father's rights and the custody of the child shall be determined pursuant to section 43-104.22. The court shall appoint a guardian ad litem to represent the best interests of the child.

Laws 1975, LB 224, § 6

Laws 1995, LB 712, § 25

Laws 1998, LB 1041, § 8

Laws 1999, LB 594, § 14

The 30-day filing requirement of this section does not facially violate substantive due process. In re Adoption of Baby Girl H., 262 Neb. 775, 635 N.W.2d 256 (2001).

A petition to adjudicate paternity filed pursuant to this section is a matter of adoption over which the district courts have no subject matter jurisdiction. Armour v. L.H., 259 Neb. 138, 608 N.W.2d 599 (2000).