Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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[I]t is hard to imagine, as a practical matter, a circumstance after 2008 in which an<br />
out-of-wedlock child’s paternity would be established by means other than notarized<br />
acknowledgment or genetic testing.<br />
[G]enetic testing can now relieve presumed fathers of their traditional support obligations,<br />
while at the same time imposing support obligations on men who engaged in<br />
out-of-wedlock relations which resulted in the child’s conception.<br />
While the presumption of paternity has not changed, its role in protecting children<br />
has become less vital with the advent of genetic testing and the shifting focus of the<br />
law from marital to biological ties.<br />
With changing societal values regarding illegitimacy and the advent of genetic<br />
testing, the marital presumption has become less important as a tool for ensuring a<br />
child’s support by both parents, and the legal environment has become more<br />
concerned with biological ties to fatherhood.<br />
While (§ 43-1412.01) fails to precisely detail what circumstances should be<br />
considered in weighing the interests of the parties, we believe it would be appropriate<br />
for the court to consider the child’s age, the length of time since the<br />
establishment of paternity, the previous relationship between the child and the<br />
established father, and the possibility that the child could benefit from establishing<br />
the child’s actual paternity.<br />
State ex rel. Storz v. Storz, 235 Neb. 368, 455 N.W.2d 182 (1990)<br />
Nemec v. Nemec, 219 Neb. 891, 367 N.W.2d 705 (1985)<br />
full and complete general jurisdiction over the entire marital relationship and all<br />
related matters, including child custody and support, is vested in the district court in<br />
which a petition for dissolution of a marriage is properly filed<br />
Because the child was conceived while the father and mother were married [even<br />
though conception occurred several months following the signing of the divorce<br />
decree] and is the product of that marriage, custody and support issues respecting<br />
the child must be determined through a modification of the dissolution decree rather<br />
than through a paternity action.<br />
Domicile<br />
(See also : Removal of Minor <strong>Child</strong> from <strong>Nebraska</strong>)<br />
Clymer v. La Velle, 194 Neb. 91, 230 N.W.2d 213 (1975)<br />
Palagi v. Palagi, 10 Neb. App. 231, 627 N.W.2d 765 (2001)<br />
A minor child who is away at college still retains the home state domicile of the custodial parent,<br />
and still remains an unemancipated child.<br />
Domicile is that place where a person has his or her true, fixed, and permanent<br />
home.<br />
The habitation or residence of a minor child is, by operation of law, determined and<br />
fixed by that of the parent legally entitled to the custody and control of the child<br />
unless the parent has voluntarily surrendered such right.<br />
Where parents of the child are separated by a decree of divorce, the child’s domicile<br />
normally follows that of the parent who has custody by virtue of the decree of<br />
divorce. This is true without regard to the child’s physical location.<br />
A minor child may acquire a domicile of choice only if he or she is emancipated.<br />
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