Child Support Enforcement - Sarpy County Nebraska

―the Court draws a distinction between unmarried biological fathers who have
developed a relationship with their child and fathers without such a relationship.‖ –
citing Heart of Adoptions, Inc. v. J.A., 963 So. 2d 189, 204 (Fla. 2007)
We conclude that for an adoption to proceed, the consent of the biological father
who has established a familial relationship with his child is required unless, under §
43-104(2), the party seeking adoption has established that the biological parent:
(a) has relinquished the child for adoption by a written instrument, (b) has
abandoned the child for at least six months next preceding the filing of the
adoption petition, (c) has been deprived of his or her parental rights to such child
by the order of any court of competent jurisdiction, or (d) is incapable of
consenting.
Smith v. Smith, 201 Neb. 21, 265 N.W.2d 855 (1978)
Mother who secures consent to adoption from father cannot later seek child support
from the biological father after she does not go through with the adoption.
The securing of the consent of the father to an adoption by another of his child is
such action which by its nature should terminate further liability for child support.
But see…
Williams v. Williams, 206 Neb. 630, 294 N.W.2d 357 (1980)
We do not believe that the mere execution of a document consenting to the
adoption of a child, standing alone, is sufficient to justify imposing the doctrine of
equitable estoppel and denying to a parent with custody of a child the benefits of a
previously entered order of a court. To the extent that our holding in Smith v.
Smith, is to the contrary, it is modified.
In Re Adoption of David C., 280 Neb. 719, 790 N.W.2d 205 (October 2010)
The issue of abandonment in an adoption proceeding must be established by clear
and convincing evidence.
The question of abandonment is largely one of intent to be determined in each case
from all the facts and circumstances.
―Willful abandonment has been defined as ‗a voluntary and intentional
relinquishment of the custody of the child to another, with the intent to never again
claim the rights of a parent or perform the duty of a parent; or, second, an intentional
withholding from the child, without just cause or excuse, by the parent, of his
presence, his care, his love and his protection, maintenance, and the opportunity for
the display of filial affection . . . .‘. . .‖ In re Application of S.R.S. and M.B.S., 225
Neb. 759, 765, 408 N.W.2d 272, 276 (1987), quoting In re Adoption of Simonton,
211 Neb. 777, 320 N.W.2d 449 (1982).
The parental obligation ―requires continuing interest in the child and a genuine effort
to maintain communication and association with that child. Abandonment is not an
ambulatory thing the legal effects of which a parent may dissipate at will by token
efforts at reclaiming a discarded child.‖ – citing In re Adoption of Simonton, supra.
See § 43-104.22. The effect of a finding of abandonment is that the putative
biological father has no further standing to raise objections in the matter of the
adoption.
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