Is marriage required for establishing paternity?
In Nebraska, marriage is not required for establishing paternity. While Nebraska law does recognize a presumption of paternity for married couples, unmarried couples also have legal options for establishing paternity. In Nebraska, this can be done through an Acknowledgment of Paternity (AOP). An AOP form is a legal document that both parents sign and file with the Nebraska Department of Health and Human Services. This form establishes the father as the legal father of the child without the need for a court order. This form can be used even if the parents are unmarried. The process is voluntary and either parent can withdraw or deny the AOP within 60 days of signing it. Furthermore, an unmarried couple can also establish paternity through a court filing of a Petition to Establish Paternity. This document is typically filed with the county court and requires both parents to appear in court. There is also a genetic testing process available to couples where the alleged father denies paternity. In general, the court will order genetic testing for the mother, alleged father, and the child to determine paternity. Overall, marriage is not required for establishing paternity in Nebraska. Unmarried couples have various legal options for establishing paternity, including filing an Acknowledgment of Paternity or a Petition to Establish Paternity. Additionally, genetic testing is also an option available to those who need to confirm paternity before taking legal action.
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