CESAR C. V. ALICIA L. 800 N.W.2d 249 (2011) CASE BRIEF

CESAR C. V. ALICIA L.

800 N.W.2d 249 (2011)

NATURE OF THE CASE: Cesar (P) appealed a judgment that awarded Alicia L. (D) custody of the child by applying the parental preference doctrine.

FACTS: P and D lived together and had an intimate relationship between 2004 and 2006. D became pregnant. D gave birth to Jaime in 2006, and P was present at the birth. On the day after Jaime's birth, P and D both signed a form provided by the Nebraska Department of Health and Human Services titled 'Acknowledgement of Paternity,' in which both P and D acknowledged that P was Jaime's biological father. Their signatures were notarized. P was named as the father on the birth certificate. D was in trouble with the law and fled leaving the baby with P. D was in federal custody until August 2008, when she was released to a halfway house in Omaha, Nebraska, where she lived until she moved into a house in February 2009. D resumed contact with P and Jaime, who for the last 2 years had been living together in Lexington. The relationship between P and D did not resume. In a separate motion, D asserted that it was possible that P was not Jaime's biological father and she requested that the court order P to submit to genetic testing to determine paternity. The court granted the request. The genetic testing excluded P. P offered into evidence the notarized acknowledgment of paternity signed at Jaime's birth. The court concluded that P could use the doctrine of equitable estoppel to prevent D from terminating the relationship between P and Jaime. The court then applied the parental preference doctrine and concluded that D, as the biological parent of Jaime, had the superior right to custody unless such custody would be detrimental to Jaime's welfare. The court awarded custody of Jaime to D. P and D eventually appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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