Who has the of custody to a child born out of wedlock under Nebraska's law?

Answer 1

first paternity needs to be established by a simple test which usually is done by a quick swab of the inside of the mouth of the child mother and father. then both parents have the right to custody but the family court judge will decide who gets placement of the child. one of the parents or both needs to file a family court order requesting custody of the child. then at your first appearance in court the judge generally will assign a law guardianfor the child which is simply a lawyer that looks out for the best interest of the child. before your next court appearance both parents will have to meet with the law guardian who will ask several basic questions and may make a home visit to check the living conditions at each parents home. then at the next court date the law guardian will tell the judge what his/her findings are and will give his opinion as to who is better fit to have placement of the child and may have opinions as to what type of visitation should be established for the non-custodial parent. both parents or their lawyers will have their chance to tell the judge why they feel they should have placement and may add any negative things about the other party which helps their case. often before you go in front of the judge there may be a mediator that sits down with both parties and tries to write up some type of court order that both parties agree to so that when everyone gets in front of the judge everything is already written out and the judge will ask if everyone agrees and then the judge will sign the court order. family court orders can have all kinds of different stipulations in them that deal with pick up and drop off of the child, times, dates, holidays, medical care, and pretty much anything that the parties want in the order. if the parties cannot come to a mutual aggreement then a court date for a trial will be set. the trial is similar to a criminal trial, witnisses from both sides can be subpeonaed to come in and testify and everyone involved can be asked to take the stand and be questioned by the lawyers or the parent if no lawyer was retained.

Answer 2

IC 31-14-13

Chapter 13. Custody Following Determination of Paternity

IC 31-14-13-1

Sole legal custody in biological mother; exceptions

Sec. 1. A biological mother of a child born out of wedlock has

sole legal custody of the child, unless a statute or court order

provides otherwise under the following:

(1) IC 12-26 (involuntary commitment of a child).

(2) IC 29-3 (guardianship and protective proceedings under the

probate code).

(3) IC 31-14 (custody of a child born outside of a marriage).

(4) IC 31-34 (child in need of services).

(5) IC 31-37 (delinquent child).

(6) IC 35-46 (offenses against the family).

(7) IC 35-50 (criminal sentences).

(8) An order by a court that has jurisdiction over the child.

As added by P.L.1-1997, SEC.6.

IC 31-14-13-2

Factors of custody determination

Sec. 2. The court shall determine custody in accordance with the

best interests of the child. In determining the child's best interests,

there is not a presumption favoring either parent. The court shall

consider all relevant factors, including the following:

(1) The age and sex of the child.

(2) The wishes of the child's parents.

(3) The wishes of the child, with more consideration given to

the child's wishes if the child is at least fourteen (14) years of

age.

(4) The interaction and interrelationship of the child with:

(A) the child's parents;

(B) the child's siblings; and

(C) any other person who may significantly affect the child's

best interest.

(5) The child's adjustment to home, school, and community.

(6) The mental and physical health of all individuals involved.

(7) Evidence of a pattern of domestic or family violence by

either parent.

(8) Evidence that the child has been cared for by a de facto

custodian, and if the evidence is sufficient, the court shall

consider the factors described in section 2.5(b) of this chapter.

As added by P.L.1-1997, SEC.6. Amended by P.L.96-1999, SEC.2;

P.L.133-2002, SEC.24.

IC 31-14-13-2.5

Consideration of de facto custodian factors

Sec. 2.5. (a) This section applies only if the court finds by clear

and convincing evidence that the child has been cared for by a de

facto custodian.

Answer 3

Under all circumstances, unwed mothers have sole custody and control in every state until paternity is legally established. The mother has a medical record that proves maternity. Since there was no marriage the father must prove his paternity. Then child support and visitation orders can be established, and petitions for custody can be filed.

Answer 4

Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must seek other means of establishing his paternity and that is done through paternity test. A paternity test can be arranged through the court and once established the father can request visitations, custody and set up child support for the child.

Answer 5

An unmarried mother automatically has custody of her child. The father must take steps to establish his paternity legally.

Answer 6

The birth mother has sole physical and legal custody of the child until the court rules otherwise