Jeremiah J. v. Dakota D.
Annotate this CaseFather and Mother were unmarried when Mother became pregnant. The couple's child was born on February 9, 2012, but Father was not told about the birth. Father attempted to contact Mother several times and to gain information about the child but was unsuccessful. On February 23, 2012, five days after the child's original due date, Father filed a "petition to establish necessity of father's consent to adoption" with the county court. The court sustained Mother's motion for summary judgment because Father failed to object to the adoption within five business days after the birth of the child, as required by law. The Supreme Court reversed, holding that a material fact existed whether Mother was estopped from relying on the five-day filing requirement in Neb. Rev. Stat. 43-104.02 because she intentionally misled Father to prevent him from complying with the requirements of section 43-104.02. Remanded.
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