Possible Non-Biological Father Rights

[nbartunek]

My question involves a child custody case from the State of: Nebraska

My brother is currently incarcerated in a Nebraska prison and has a lengthy non violent criminal history. While he has been in, he has made decisions and worked on bettering himself so he will be able to provide a stable environment for his daughter. Part of this is splitting up with his daughter's mother, who he never married. The only problem is that he is afraid that when he goes to file for custody, she will come out with the possibility that he is not the biological father. The girl is 7 and has lived with him and his family her entire life. The paternal grandparents have paid for more than half of her support and he has paid child support as well to the little girl's mother. She has 4 other children that CPS has either taken away or she has willingly given up to their other father's. Since my brother has been incarcerated she leaves the child with the paternal grandmother every weekend and is often not present when the child comes home from school, leaving the paternal grandfather to take care of her. She doesn't bathe her and often cancels her doctor's appointments to make her own appointments to get pain medication for a pill addiction. My brother did sign the birth certificate and regardless of DNA feels she is his daughter. Will he have any standing in court in either getting custody or visitation with his daughter if it comes out that he is not the biological father?

[jk]

possibly. As it stands he is the legal father. The mother likely does not have the right to contest paternity at this point. The bio father might, depending on facts not presented.


Was the child born and raised in Nebraska? Is the bio father known (if it isn't your brother)?

[nbartunek]

Yes, the child was born and has lived here in Nebraska for 7 years (her whole life).

Up to this point, the mother has not admitted to a possibility of someone else being the biological father. But with her past history it is likely. I know that appearances do not say anything about paternity, but she doesnt have the appearance of a child of a Mexican American mother and Italian American father. So we are just trying to prepare ourselves for all possibilities when my brother goes to file for custody.