In re Interest of Kodi L.
Annotate this CaseMother gave birth to Child in August 2012. Shortly after the birth, Mother and Appellant signed a sworn acknowledgment of paternity before a notary public naming Appellant as Child's biological father. At the time, both Mother and Appellant knew Appellant was not Child's biological father. In December 2012, the State initiated juvenile proceedings against Child's parents. Appellant was identified as Child's father in the State's petition alleging that Child was a child within Neb. Rev. Stat. 435-247(3)(a). Child's guardian ad litem (GAL) moved to exclude Appellant from the proceedings, challenging the acknowledgment of paternity signed by Appellant on the basis of fraud. After a hearing, the juvenile court found the GAL had met its burden to rebut the presumption of paternity arising from the notarized acknowledgment of paternity, granted the GAL's motion to exclude Appellant, and dismissed him from the proceedings. The Supreme Court affirmed, holding that the juvenile court did not err in excluding Appellant from the juvenile proceedings because he was neither the legal nor the biological father of Child.
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