Tyler F. v. Sara P. (Nebraska 2020)

306 NE 397 (2020)
July 2020

A properly executed paternity acknowledgement conclusively established paternity and cannot be set aside without a showing of fraud, duress, or material mistake of fact. The Nebraska paternity statutes do not currently account for multiple legal parents for a child. This case is the latest appeal in an ongoing paternity action. On remand from Tyler F. v. Sara P., 24. Neb. App. 370 (2016), the district court considered if the child’s biological father had standing in his individual capacity to bring a paternity action. The trial court found the biological father could bring his action as an individual and that the biological father had waived the statute of limitations defense. The trial court declined to set aside the paternity acknowledgment and ordered custody, visitation, and support for all three parents. Both fathers appealed. The Supreme Court affirmed in part, reversed in part, and remanded. First, the Court found the trial court properly upheld the paternity affidavit. The Court noted that this action should have been treated as an action to establish custody and support, not as an action to establish paternity. Because paternity was established, the trial court had no authority to the genetic testing that led to the biological father filing his petition. The biological father argued that the court could consider his paternity of the child without setting aside the acknowledgement. The Supreme Court disagreed and found the current statutes do not contemplate more than two parents for a child.