Custody rights for unwed mother in Nebraska. Baby born in Nebraska. Babies father lives in Florida. Never married.
Question Details: I live in Nebraska, and my baby was born in the state of Nebraska, and I have never been married. The babies father (ex boyfriend) left me when he found out I was pregnant. He lives in the state of Florida, and showed no interest in baby until he found out how much he has to pay in child support. He is threatening to take full custody of baby. Because he believes he won't have to pay as much child support if he has custody. Who gets custody of baby? and does the fact of his name being on birth certificate affect his odds of getting custody?
I'm not a Nebraska lawyer, but in most states, you have custody because you're the mother, and the child has stayed with you. Putting his name didn't change that, and doesn't give him any better chance of getting custody himself.
What are his chances? Unless the baby is abused or neglected, or there is some other way to show that you are significantly unfit as a mother, I'd say slim and none. If he wants to try to get custody, he's going to have to do that in the Nebraska court where you live; if he serves you with a Florida order that has anything to do with custody, you need to see a lawyer immediately to get it thrown out.
The Uniform Child Custody Jurisdiction And Enforcement Act ("UCCJEA"), which is the law in 48 states (including both Nebraska and Florida) is designed to make sure that custody orders are only made in the court of the child's "home state." If baby has lived in Nebraska, and only Nebraska, since birth, only Nebraska can be the "home state."