Bryan M. v. Anne B.Annotate this Case
Anne and Adam have been married since 1995. From 2003 to 2004, Anne and Bryan engaged in an extramarital affair, during which time Anne had regular sexual intercourse with both Bryan and Adam. In 2004, Anne became pregnant and gave birth to T.B. Adam has raised T.B. with the belief that he is T.B.’s father. In 2012, Bryan requested a DNA test, which revealed a 99.9 percent chance that Bryan is T.B.’s biological father. In 2013, Bryan filed a complaint seeking to establish paternity of T.B. and custody, claiming (1) the four-year statute of limitations provided in Neb. Rev. Stat. 43-411 should be tolled based on misrepresentations of Anne that he was not the father, (2) he should be entitled to bring the action as the next friend of T.B., and (3) section 43-1411 is unconstitutional. The district court denied relief. The Supreme Court affirmed, holding (1) Bryan cannot bring this action as the next friend of T.B. under section 43-1411; (2) under the circumstances, Bryan has shown no basis to toll the statute of limitations; and (3) section 43-1411 is constitutional.