2016 Nebraska Revised Statutes
Chapter 43 - INFANTS AND JUVENILES
43-1406 Determination of paternity by other state or Indian tribe; full faith and credit; legitimacy of child.

43-1406. Determination of paternity by other state or Indian tribe; full faith and credit; legitimacy of child.

(1) A determination of paternity made by any other state or by an Indian tribe as defined in section 43-1503, whether established through voluntary acknowledgment, genetic testing, tribal law, or administrative or judicial processes, shall be given full faith and credit by this state.

(2) A child whose parents marry is legitimate.

Source

• Laws 1941, c. 81, § 6, p. 323;
• C.S.Supp.,1941, § 43-706;
• R.S.1943, § 13-106;
• R.S.1943, (1983), § 13-106;
• Laws 1985, Second Spec. Sess., LB 7, § 74;
• Laws 1986, LB 79, § 1;
• Laws 1991, LB 457, § 15;
• Laws 1993, LB 500, § 53;
• Laws 1994, LB 1224, § 57;
• Laws 2015, LB566, § 3.

Annotations

• A mother's authority to compel payment of retroactive child support in a paternity action rests upon the child's right to be supported by the father. Sylvis v. Walling, 248 Neb. 168, 532 N.W.2d 312 (1995).

• While the cost of caring for a child is an important consideration in determining child support, the father's ability to make the payments is equally important. Hanson v. Rockwell, 206 Neb. 299, 292 N.W.2d 786 (1980).

• Action by father seeking legitimation is not authorized. Paltani v. Creel, 169 Neb. 591, 100 N.W.2d 736 (1960).

• Paternity of a child born out of wedlock may be established by acknowledgment or by a judicial proceeding. Timmerman v. Timmerman. 163 Neb. 704, 81 N.W.2d 135 (1957).

• On appeal, award will not be disturbed in absence of abuse of discretion. Race v. Mrsny, 155 Neb. 679, 53 N.W.2d 88 (1952).

• Attorney fees and costs are recoverable in paternity and child support cases, and an award of such fees and costs will be upheld on appeal absent an abuse of discretion. Both parents of a minor child born out of wedlock have a duty to financially support the child, including payment of costs for health care which are unreimbursed by insurance or other sources. Morrill County on Behalf of Cahoy v. Darsaklis, 7 Neb. App. 489, 584 N.W.2d 36 (1998).

• Child support determinations made concomitantly in a filiation proceeding are characterized as "equitable" proceedings. Dworak v. Fugit, 1 Neb. App. 332, 495 N.W.2d 47 (1992).