Child Support Enforcement - Sarpy County Nebraska

Snodgrass v. Snodgrass, 241 Neb. 43, 486 N.W.2d 215 (1992)
When the trial court in the original decree determined paternity, and no appeal
was taken, that determination is final.
Appellant chose not to assert that the older child was not his at any time until after
appellant had been determined to be in contempt. Paternity was determined by the
court in the original decree herein. That determination was not appealed and is,
therefore, final. Appellant raises no new facts or circumstances which require the
district court to reopen the decree.
State on behalf of Cooper v. Harmon, 2 Neb. App. 612, 512 N.W.2d 656 (1994)
Relevant evidence of paternity includes evidence of sexual intercourse between the
mother and alleged father at any possible time of conception and the results of blood
testing. Corroboration means independent evidence which tends to strengthen or
otherwise to confirm the testimony of the mother of the child whose paternity is in
issue.
State on behalf of Dady v. Snelling, 10 Neb. App. 740, 637 N.W.2d 906 (2001)
Under § 43-1415(3), evidence of genetic testing results can be introduced without
foundational testimony or other proof of authenticity or accuracy in regard to the
testing itself, unless there is a written request for personal testimony of the expert at
least 30 days prior to trial.
State on Behalf of Hopkins v. Batt, 253 Neb. 852, 573 N.W.2d 425 (1998)
Note: Portions of this opinion are thrown into serious doubt by Cesar C. v. Alicia L., 281 Neb.
979, ___ N.W.2d ____ (July 2011). This case may be limited to its own unusual set of facts.
Th[e] statutory presumption [of paternity in the husband of the biological mother
contained in §42-377] may be rebutted by clear, satisfactory, and convincing
evidence. In a paternity action, the mother and the alleged father are competent to
testify that a child‘s parentage is contrary to the presumption of legitimacy.
In the absence of a biological relationship between a husband and his wife‘s child,
the husband may acquire certain rights and responsibilities when he elects to stand
in loco parentis to the child. See, Hickenbottom v. Hickenbottom, 239 Neb. 579,
477 N.W.2d 8 (1991).
‗A person standing in loco parentis to a child is one who has put himself in the
situation of a lawful parent by assuming the obligations incident to the parental
relation, without going through the formalities necessary to a legal adoption, and the
rights, duties, and liabilities of such person are the same as those of the lawful
parent. The assumption of the relation is a question of intention, which may be
shown by the acts and declarations of the person alleged to stand in that relation.‘
See, Austin v. Austin, 147 Neb. 109, 22 N.W.2d 560 (1946)
A non-bio father may at one time have intended to stand in loco parentis to a
child by naming the child after him and paying child support pursuant to a
dissolution decree, but that does not permanently forestall a court from finding
another man to be the biological father of the child, and ordering child support
An acknowledgment of paternity by another person is not conclusive in an action
to establish paternity in the biological father.
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