Child Support Enforcement - Sarpy County Nebraska

not deprive a parent of such custody unless the biological parent is shown to be unfit
or to have forfeited his or her superior right to such custody.
[A]n ex-stepparent is entitled to visitation of a former stepchild, based upon the
doctrine of in loco parentis, where the stepparent and a young child have lived in a
home environment and developed deep and lasting bonds of mutual affection. The
courts have acknowledged the fact that a stepparent may be the only parent the
child has truly known and loved during its minority. Therefore, rejection of visitation
privileges cannot be based upon the mere fact that the person is not the biological
parent, but is the stepparent. Thus, when the parties have developed a bond and the
status of in loco parentis, the courts have protected the relationship by conferring
rights of visitation. Should Thomas desire to continue such status, the district court
shall fix his rights of visitation and determine the amount of child support payable
by (the now ex-husband) for the support of (the child).
Deterding v. Deterding, 18 Neb. App. 922 (April 2011)
Facts: Child conceived through artificial insemination during the marriage. Husband files for
divorce and claims he is not the bio father, so he shouldn’t have to pay support. Mom agrees.
Court of Appeals does not.
We are not bound by the parties‘ agreement regarding child custody and alimony.
Parties in a proceeding to dissolve a marriage cannot control the disposition of
matters pertaining to minor children by agreement. Weinand v. Weinand, 260 Neb.
146, 616 N.W.2d 1 (2000).
If [the husband] consented to [the wife] being artificially inseminated, he made a
decision to bring a child into the world, and he should not be permitted to abandon
his responsibility to that child simply because he is not the biological father.
Both the Legislature and the Nebraska Supreme Court have recognized that there
are situations where a person who is not a biological parent may still have a
responsibility to support a child.
if [husband] knew and consented to [wife‘s] being artificially inseminated, he has
some responsibility to support the child even if he is not her biological parent.
the term ―parent‖ is not specifically defined in the statutes.
[Husband] still may be responsible for supporting the child if he has assumed, in loco
parentis, the obligations incident to a parental relationship.
The Nebraska Supreme Court has held that a person standing in loco parentis to a
child is one who has put himself or herself in the situation of a lawful parent by
assuming the obligations incident to the parental relationship, 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. Weinand v. Weinand, supra;
Hickenbottom v. Hickenbottom, 239 Neb. 579, 477 N.W.2d 8 (1991).
We do find… that the district court erred in failing to award child support simply
because [the husband] is not the child‘s biological father. The paramount concern
and question in determining child support is the best interests of the child.
Druba v. Druba , 238 Neb. 279, 470 N.W.2d 176 (1991)
It is obvious that in this day and age, if a parent does not wish to provide such
[health] insurance for his children, that parent must be ready to pay for health care
for the children.
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