At any hearing to determine the parental rights of an acknowledged father, an adjudicated father, or a putative father of a minor child born out of wedlock and whether such father's consent is required for the adoption of such child, the county court or juvenile court having jurisdiction shall receive evidence with regard to the actual paternity of the child, if contested. The court shall determine that such father's consent is not required for a valid adoption of the child upon a finding of one or more of the following:
(1) The father abandoned or neglected the child after having knowledge of the child's birth;
(2) The father is not a fit, proper, and suitable custodial parent for the child;
(3) The father had knowledge of the child's birth and failed to provide reasonable financial support for the mother or child;
(4) The father abandoned the mother without reasonable cause and with knowledge of the pregnancy;
(5) The father had knowledge of the pregnancy and failed to provide reasonable support for the mother during the pregnancy;
(6) The child was conceived as a result of a nonconsensual sex act or an incestual act;
(7) Notice was provided pursuant to sections 43-104.12 to 43-104.14 and the putative father failed to timely file a Notice of Objection to Adoption and Intent to Obtain Custody pursuant to section 43-104.02;
(8) The acknowledged father, adjudicated father, or putative father failed to timely file a petition objecting to the adoption pursuant to section 43-104.05;
(9) The father executed a valid relinquishment or consent to adoption; or
(10) The man whether an acknowledged father, an adjudicated father, or a putative father, is not, in fact, the biological father of the child.
The court shall determine the custody of the child according to the best interest of the child, weighing the superior rights of a biological parent who has been found to be a fit, proper, and suitable parent against any detriment the child would suffer if removed from the custody of persons with whom the child has developed a substantial relationship.
Notes of Decisions
Cited in
12
cases (
2 in the last 5 years), 2000–2021 · leading case:
Jesse B. v. Tylee H., 883 N.W.2d 1 (Neb. 2016).
Jesse B. v. Tylee H., 883 N.W.2d 1 (Neb. 2016).
· cites it 13× “To terminate a father’s rights through an adoption procedure, the consent of the adju- dicated father of a child born out of wedlock is required for the adop- tion to proceed unless the Nebraska court having jurisdiction over the custody of the child determines otherwise,…”
In re Adoption of Jaelyn B., 293 Neb. 917 (Neb. 2016).
· cites it 13× “§ 43-104.22 (11) (Reissue 2008). 17. Judgments: Collateral Attack: Paternity.”
Jeremiah J. v. Dakota D., 287 Neb. 617 (Neb. 2014).
· cites it 27× “In order to terminate a father’s rights through an adoption procedure, the consent of the adjudicated father of a child born out of wedlock is required for the adoption to proceed unless the Nebraska court having jurisdiction over the custody of the child determines otherwise,…”
In Re Adoption of Corbin J., 775 N.W.2d 404 (Neb. 2009).
· cites it 6× “Whether such person's consent is required for the proposed adoption shall be determined by the Nebraska court having jurisdiction over the custody of the child pursuant to section 43-104.22, as part of proceedings required under section 43-104 to obtain the court's consent to…”
Armour v. L.H., 608 N.W.2d 599 (Neb. 2000).
· cites it 9× “The claimant-father’s rights and the custody of the child shall be determined pursuant to section 43-104.22. The court shall appoint a guardian ad litem to represent the best interests of the child.”
In Re Adoption of Jaden M., 725 N.W.2d 410 (Neb. 2006).
· cites it 6× “S-05-1527, Tracey and Ronald moved for summary judgment, alleging that under Neb. Rev. Stat. § 43-104.22 (Reissue 2004), Brian’s consent was not required.”
Bohaboj v. Rausch, 721 N.W.2d 655 (Neb. 2006).
· cites it 2× “shall set a trial date upon proper notice to the parties not less than twenty nor more than thirty days after such filing.”
In Re Adoption of Baby Girl H., 635 N.W.2d 256 (Neb. 2001).
· cites it 3× “Section 43-104.22 provided: The court shall determine that the biological father’s consent is not required for a valid adoption of the child upon a finding of one or more of the following: (7) The father failed to timely file a petition to adjudicate his claim of paternity and…”
Peterson v. Jacobitz, 309 Neb. 486 (Neb. 2021).
· cites it 4× “Whether the putative father’s consent to the adoption is required shall be determined pursuant to section 43-104.22. The court shall appoint a guardian ad litem to represent the best interests of the child.”
Matson v. Meagher (Neb. Ct. App. 2021).
· cites it 15× “Taylor, wanted to adopt Holland and that Meagher’s consent was not necessary for the proposed adoption pursuant to Neb. Rev. Stat. § 43-104.22 (Reissue 2016).”
In re Adoption of Riley L. (Neb. Ct. App. 2015).
· cites it 6× “In order to terminate a father’s rights through an adoption procedure, the consent of the adjudicated father of a child born out of wedlock is required for the adoption to proceed unless the Nebraska court having jurisdiction over the custody of the child determines otherwise,…”
Carlson v. Allianz Versicherungs-AG (Neb. 2014).
“CONCLUSION The county court’s finding that Dakota did not prove by clear and convincing evidence that Jeremiah’s consent was not required under § 43-104.22 is well supported by competent evidence.”
— Neb. Rev. Stat. § 43-104.22(1) — 1 case
Jeremiah J. v. Dakota D., 287 Neb. 617 (Neb. 2014).
“In order to terminate a father’s rights through an adoption procedure, the consent of the adjudicated father of a child born out of wedlock is required for the adoption to proceed unless the Nebraska court having jurisdiction over the custody of the child determines otherwise,…”
— Neb. Rev. Stat. § 43-104.22(11) — 2 cases
Jesse B. v. Tylee H., 883 N.W.2d 1 (Neb. 2016).
“To terminate a father’s rights through an adoption procedure, the consent of the adju- dicated father of a child born out of wedlock is required for the adop- tion to proceed unless the Nebraska court having jurisdiction over the custody of the child determines otherwise,…”
— Neb. Rev. Stat. § 43-104.22(2) — 2 cases
Jeremiah J. v. Dakota D., 287 Neb. 617 (Neb. 2014).
“In order to terminate a father’s rights through an adoption procedure, the consent of the adjudicated father of a child born out of wedlock is required for the adoption to proceed unless the Nebraska court having jurisdiction over the custody of the child determines otherwise,…”
Matson v. Meagher (Neb. Ct. App. 2021).
“Taylor, wanted to adopt Holland and that Meagher’s consent was not necessary for the proposed adoption pursuant to Neb. Rev. Stat. § 43-104.22 (Reissue 2016).”
— Neb. Rev. Stat. § 43-104.22(3) — 2 cases
Jeremiah J. v. Dakota D., 287 Neb. 617 (Neb. 2014).
“In order to terminate a father’s rights through an adoption procedure, the consent of the adjudicated father of a child born out of wedlock is required for the adoption to proceed unless the Nebraska court having jurisdiction over the custody of the child determines otherwise,…”
Matson v. Meagher (Neb. Ct. App. 2021).
“Taylor, wanted to adopt Holland and that Meagher’s consent was not necessary for the proposed adoption pursuant to Neb. Rev. Stat. § 43-104.22 (Reissue 2016).”
— Neb. Rev. Stat. § 43-104.22(4) — 1 case
Jeremiah J. v. Dakota D., 287 Neb. 617 (Neb. 2014).
“In order to terminate a father’s rights through an adoption procedure, the consent of the adjudicated father of a child born out of wedlock is required for the adoption to proceed unless the Nebraska court having jurisdiction over the custody of the child determines otherwise,…”
— Neb. Rev. Stat. § 43-104.22(5) — 1 case
Jeremiah J. v. Dakota D., 287 Neb. 617 (Neb. 2014).
“In order to terminate a father’s rights through an adoption procedure, the consent of the adjudicated father of a child born out of wedlock is required for the adoption to proceed unless the Nebraska court having jurisdiction over the custody of the child determines otherwise,…”
— Neb. Rev. Stat. § 43-104.22(6) — 1 case
— Neb. Rev. Stat. § 43-104.22(7) — 3 cases
In Re Adoption of Corbin J., 775 N.W.2d 404 (Neb. 2009).
“Whether such person's consent is required for the proposed adoption shall be determined by the Nebraska court having jurisdiction over the custody of the child pursuant to section 43-104.22, as part of proceedings required under section 43-104 to obtain the court's consent to…”
In Re Adoption of Jaden M., 725 N.W.2d 410 (Neb. 2006).
“S-05-1527, Tracey and Ronald moved for summary judgment, alleging that under Neb. Rev. Stat. § 43-104.22 (Reissue 2004), Brian’s consent was not required.”
Armour v. L.H., 608 N.W.2d 599 (Neb. 2000).
“The claimant-father’s rights and the custody of the child shall be determined pursuant to section 43-104.22. The court shall appoint a guardian ad litem to represent the best interests of the child.”
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