Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
to preserve his legal rights of notice in order to prevent the child from being adopted by others,<br />
he may file the notice at any <strong>Nebraska</strong> Department of Health and Human Services office. The<br />
law requires that the filing be done in person or by mail, only on forms provided by the<br />
Department.<br />
http://www.hhs.state.ne.us/adoption/biofatherclaim.htm<br />
Notice of Objection to Adoption and Intent to Obtain Custody<br />
In order to file with <strong>Nebraska</strong>’s Biological Father Registry, a Notice of Objection to Adoption and<br />
Intent to Obtain Custody form is required. It indicates a father’s intention to seek custody of the<br />
child within thirty (30) days of the filing.<br />
D.E.M. V. P.A.M., 218 Neb. 319, 352 N.W.2d 916 (1984)<br />
[T]he satisfactions and discharges of accrued child support obligations, or the<br />
termination of future responsibility for the same, do not constitute an unwarranted<br />
payment of consideration which will vitiate a child relinquishment (for adoption).<br />
Gomez v. Savage ; 254 Neb. 836, 580 N.W.2d 523 (1998)<br />
(Discusses difference between agency related adoptions and private adoptions, as pertains to<br />
relinquishment of parental rights)<br />
A relinquishment of parental rights, given voluntarily, is not revocable.<br />
The Legislature, as well as this court, has long recognized a distinction between<br />
agency adoptions and private adoptions. In the case of an agency adoption, the<br />
relinquishing parent surrenders all rights to the child in favor of the state or a<br />
licensed child placement agency. Yopp v. Batt, supra. This court has treated an<br />
adoption as an agency adoption when a natural parent<br />
personally chose the adoptive parents with the help of an<br />
agency. See Kellie v. Lutheran Family & Social<br />
Service, 208 Neb. 767, 305 N.W.2d 874 (1981). Under<br />
§43-106.01, the rights of the relinquishing parent are<br />
terminated when the agency accepts responsibility for the<br />
child in writing. It is the agency that finds and investigates<br />
the prospective parents. If the adoptive parents are<br />
unsuitable or decline to go through with the adoption, the<br />
agency retains custody over the child until such time as<br />
the child is adopted by another family.<br />
In private adoptions, by contrast, under §43-111, the relinquishing parent’s rights are<br />
not totally extinguished until the child has been formally adopted by the prospective<br />
parents.<br />
In re Adoption of Corbin J., 278 Neb. 1057, 775 N.W.2d 404 (2009)<br />
Holding: A temporary order for child support does not adjudicate paternity.<br />
[The] consent of the father of a child born out of wedlock who has been adjudicated<br />
to be the father by a court is required for an adoption to proceed unless the<br />
<strong>Nebraska</strong> court having jurisdiction over the custody of the child determines<br />
otherwise pursuant to § 43-104.22. See § 43-104.01(7). An adjudicated father is an<br />
individual determined to be the father by a court of competent jurisdiction.<br />
The only court order entered addressing [the father’s] paternity was a temporary<br />
order in the district court …requiring [the father] to pay child support and to provide<br />
medical insurance and designating visitation. This temporary order was not a<br />
- 6 -