State ex rel. Miah S. v. Ian K.
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The Supreme Court vacated the order of the juvenile court granting the State's complaint seeking to disestablish the paternity of Aaron S. to a child born during his marriage to the child's mother and to establish paternity in another man, holding that the State was not statutorily authorized to bring the action.
After genetic testing showed that Ian K. was the child's biological father the State filed a complaint seeking to establish Ian's paternity. A trial was held, and at the conclusion of the evidence the State asked the court to disestablish Aaron, the husband of the child's mother, as the child's legal father and to establish Ian as the child's father so he could effectively relinquish his rights. The juvenile court entered an order which purported to disestablish Aaron as the child's biological father and to establish Ian's as the child's father. The Supreme Court vacated the order, holding that because the child was not born out of wedlock and was the legitimate child of Aaron, the State lacked statutory authority to bring this paternity action under Neb. Rev. Stat. 43-1411.
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