Paternity; action to establish; procedure; public hearings prohibited; evidence; default judgment; decree; payment of costs and fees.

Neb. Rev. Stat. § 43-1412

in effect

43-1412. Paternity; action to establish; procedure; public hearings prohibited; evidence; default judgment; decree; payment of costs and fees. (1) The method of trial shall be the same as that in other civil proceedings, except that the trial shall be by the court without a jury unless a jury is requested (a) by the alleged father, in a proceeding instituted by the mother or the guardian or next friend, or (b) by the mother, in a proceeding instituted by the alleged father. It being contrary to public policy that such proceedings should be open to the general public, no one but the parties, their counsel, and others having a legitimate interest in the controversy shall be admitted to the courtroom during the trial of the case. The alleged father and the mother shall be competent to testify. The uncorroborated testimony (i) of the mother, in a proceeding instituted by the mother or the guardian or next friend, or (ii) of the alleged father, in a proceeding instituted by the alleged father, shall not alone be sufficient to support a verdict or finding that the alleged father is actually the father. Refusal by the alleged father to comply with an order of the court for genetic testing shall be deemed corroboration of the allegation of paternity. A signed and notarized acknowledgment of paternity or a certified copy or certified reproduction thereof shall be admissible in evidence in any proceeding to establish paternity without the need for foundation testimony or other proof of authenticity or accuracy. If it is determined in this proceeding that the alleged father is actually the father of the child, a judgment shall be entered declaring the alleged father to be the father of the child. (2) A default judgment shall be entered upon a showing of service and failure of the defendant to answer or otherwise appear. (3) If a judgment is entered under this section declaring the alleged father to be the father of the child, the court shall retain jurisdiction of the cause and enter such order of support, including the amount, if any, of any court costs and attorney's fees which the court in its discretion deems appropriate to be paid by the father, as may be proper under the procedure and in the manner specified in section 43-512.04. If it is not determined in the proceeding that the alleged father is actually the father of the child, the court shall, if it finds that the action was frivolous, award court costs and attorney's fees incurred by the alleged father, with such costs and fees to be paid by the plaintiff. (4) All judgments under this section declaring the alleged father to be the father of the child shall include the father's social security number. The social security number of the declared father of the child shall be furnished to the clerk of the district court in a document accompanying the judgment. Laws 1941, c. 81, § 11, p. 325; C.S.Supp.,1941, § 43-711; R.S.1943, § 13-112; R.S.1943, (1983), § 13-112; Laws 1986, LB 79, § 2; Laws 1986, LB 813, § 2; Laws 1994, LB 1224, § 60; Laws 1997, LB 752, § 102; Laws 2004, LB 1207, § 41; Laws 2006, LB 1113, § 41.

Source: Nebraska Legislature (nebraskalegislature.gov)URL: https://nebraskalegislature.gov/laws/statutes.php?statute=43-1412Fetched: 10/20/2026