How is custody typically handled when paternity is in dispute?

When a child’s paternity is in dispute in Nebraska, a court must determine the legal father of the child. Paternity cases typically involve a dispute between a mother and the alleged father of her child. In these cases, the court will usually appoint an attorney to represent the child’s best interests. Custody is typically handled in two ways. If the mother is not married to the alleged father, the mother is automatically granted full custody until a paternity test is taken and the court establishes the legal father. Once this is established, either parent may request a hearing to determine legal and physical custody. If the mother is married to the alleged father, the court presumes the husband is the legal father until there is evidence to the contrary. In these cases, the mother retains full custody until a paternity test is taken and the court establishes the legal father. Once paternity is established, either parent may request a hearing to determine legal and physical custody. The request must be made within one year of the paternity test. If either parent fails to make a request, they will be considered to have consented to the mother’s existing custody arrangement. Ultimately, the court makes its decision based on what it determines is in the best interests of the child, including factors such as each parent’s relationship with the child, mental and physical health of each parent, and the child’s preference, if appropriate.

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How is custody typically handled when paternity is in dispute?

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