Summary
The Nebraska Supreme Court held that unrescinded and unchallenged notarized acknowledgments of paternity establish the signatory as the legal father. Because paternity had already been established, the father's action was properly treated as one for child custody and support, which was not barred by the four-year statute of limitations for paternity actions. The court reversed the district court's dismissal and remanded for further proceedings.
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Practice areas
Questions Presented
- Whether the notarized acknowledgments of paternity established Benjamin as the legal father of the children.
- Whether an action for custody and child support brought by a father whose paternity was established by an unrescinded and unchallenged acknowledgment was barred by the four-year statute of limitations for paternity actions.
- Whether the district court improperly converted the motion to dismiss into a motion for summary judgment without proper notice or an opportunity to respond.
Holdings
- An unrescinded and unchallenged signed, notarized acknowledgment of paternity legally establishes the signer as the child's legal father; it is not merely a presumption of paternity.
- The four-year statute of limitations applicable to paternity actions does not bar an action for custody and child support by a father whose paternity was already established through a properly executed, unrescinded, and unchallenged acknowledgment of paternity.
- Failure to comply with a statute of limitations is not a defect in subject matter jurisdiction; it is a defense affecting whether the pleading states a claim and must be pleaded by the party relying on it.
Key quotations
“If the 4-year statute of limitations were to bar an action for custody and support for a father who executed an acknowledgment of paternity, a man could be a legal father with the obligation to support his children, but have no parental rights of custody and parenting time. This would be an untenable result.” (746)
“Accordingly, we reverse the district court’s order of dismissal and remand the cause for further proceedings consistent with this opinion.” (747)
Factual background
Benjamin M. and Jeri S. were unmarried parents of two children, born in 2010 and 2012. Shortly after each child's birth, both parties executed a notarized acknowledgment of paternity. Benjamin filed an action in 2019 seeking paternity, custody, child support, and parenting time, and later amended the complaint to rely on the acknowledgments. The acknowledgments had not been rescinded or challenged for fraud, duress, or material mistake of fact.
Procedural history
Benjamin filed a complaint seeking to establish paternity, custody, child support, and parenting time. After Jeri moved to dismiss on statute-of-limitations grounds, Benjamin amended the complaint to allege that the parties had executed notarized acknowledgments of paternity. The district court received the acknowledgments, converted the motion to dismiss into a summary judgment proceeding without objection, and dismissed the action. The Nebraska Supreme Court reversed and remanded.
Remand instructions
Remand for further proceedings consistent with the opinion, treating the action as one concerning custody and support rather than as an untimely action to establish paternity.