Alicia C. v. Jeremy C.
Annotate this CaseWhile Husband and Wife were married, Wife conceived Child. After Child was born, Husband signed the birth certificate as Child's father. Husband and Wife subsequently divorced, and the district court incorporated the provisions of a custody agreement signed by Husband that acknowledged Husband to be Child's father. Later, Husband underwent a paternity test demonstrating that Husband was not Child's father. Husband then filed a complaint to set aside legal determination of paternity, alleging a decree modifying or setting aside the custody and child support order in the decree of dissolution was warranted on the grounds of fraud or newly discovered evidence, or under the provisions of Neb. Rev. Stat. 43-1401 to 43-1418. The district court denied the complaint. The Supreme Court reversed, holding that the district court erred in concluding that Husband could not rely on section 43-1412.01, which gives the court discretion to determine whether disestablishment of paternity is appropriate in light of the adjudicated father's interests and best interests of the child, because he was married to Wife when Child was conceived. Remanded.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.