krispenstpeter or anyone else, Paternity Disestab.

[CMSC]

What is the name of your state? Nebraska

I know you may not be familiar with this particular state when it comes to paternity establishment/disestablishment, but I wanted to ask a question.

Can a father after 4 years of a child's birth and signing acknowledgement of paternity and birth certificate, deny paternity when a step parent decides to adopt the child?

I was just wondering about any statute of limitations on disestablishing paternity. I know there is a SOL of 3 years after the child's birth to establish, but can't find anything definite for the other way.

Thanks to anyone who responds with information.

[nextwife]

If he is denying paternity, is he willing to sign a TPRs? I would think that his claim to not be the father would also mean he is willing to disclaim any paternal rights. Once he signs the TPRs, I am fairly certain you have what is needed to complete the step adoption (as he IS considered the legal father). I believe 4 years is too long after establishment to contest anything.

"Nebraska Adoption Statute Summary

Nebraska Revised Statutes Sections 43-101 to 43-160 (1997)

Who Can Adopt?
Any single adult can adopt. Any husband and wife must jointly adopt, unless the adoptive parent is a stepparent. In that case the spouse, who is the natural parent, does not have to join in the adoption.

Who Can Be Adopted?
Any minor may be adopted and an adult may be adopted by a stepparent.

Consent to Adoption
The following must consent to the adoption:

1. both natural parents, or the mother of a child born out of wedlock;
2. the adoptee, if 14 years of age or older or the adult child of the adopting person's spouse; and
3. the court, if it has custody of the child.
Consent is not required of a parent who
1. has relinquished the child for adoption;
2. has abandoned the child for at least 6 months;
3. has had parental rights terminated; or
4. is incapable of consenting.
If the child is born out of wedlock, the rights of the father shall not be recognized unless within 5 days after the birth he files a notice to claim paternity. If he requests custody of the child, then the court shall determine if he can properly care for the child and whether it would be in the child's best interest. If consent is not required of either parent, for any of the above reasons, then substitute consent can be given by the Department, the child-placing agency, or
the guardian ad litem."

[JETX]

"Can a father after 4 years of a child's birth and signing acknowledgement of paternity and birth certificate, deny paternity when a step parent decides to adopt the child?"
*** Simple answer..... no. Paternity can only be denied under court order, after either a 'voluntary termination of rights' or DNA testing.

[CMSC]

Originally posted by JETX
"Can a father after 4 years of a child's birth and signing acknowledgement of paternity and birth certificate, deny paternity when a step parent decides to adopt the child?"
*** Simple answer..... no. Paternity can only be denied under court order, after either a 'voluntary termination of rights' or DNA testing.

Maybe it is my lack of coffee today, but I don't understand how paternity can be denied AFTER a termination of parental rights. If your rights are terminated how can you file to deny paternity when you wouldn't have any to deny?

Also I was just wondering if just because of the adoption he could deny paternity to stall the proceding's or if because he signed the acknowledgement 4 years ago it was stuck and nothing he could do about it.

Thanks to you both for your help. This was for a good friend and her ex was going to be a stinker if she wanted her new spouse to adopt. I sited the child's age wrong, he is 5 not 4...so the papers for paternity were signed 5 years ago.

As you've been told, there's not much your friend can do here. The child's father CAN object to the adoption and without grounds to terminate his rights, an adoption will not take place.

Nexi has given you the statute from Nebraska which also requires that specific situations exist before the adoption may proceed.

Unless there are specific circumstances that match the statute, then a TPR will not occur.

[CMSC]

Originally posted by krispenstpeter
As you've been told, there's not much your friend can do here. The child's father CAN object to the adoption and without grounds to terminate his rights, an adoption will not take place.

Nexi has given you the statute from Nebraska which also requires that specific situations exist before the adoption may proceed.

Unless there are specific circumstances that match the statute, then a TPR will not occur.

There are grounds for TPR, no question about it. He has seen the child once in 5 years and has had his rights terminated to two other children.

He wrote a letter of objection towards the adoption and said he would tell the lawyers, judges and whomever would listen that he was not the father even though he signed the birth certificate.

Whether or not he is the father, I don't know...didn't really want to ask.LOL

It wasn't a question as to whether she had grounds for the adoption, it was can he up and say "I am not the dad" to prolong the proceedings.

Sure he can. But if he does, the judge is going to tell him "Well, too bad. That acknowledgement of paternity you signed does. Now, since you've had the rights to your other two children terminated, we'll do this child the favor of terminating your rights."

Then the adoption will (most likely) proceed.