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Peterson v. Jacobitz
309 Neb. 486
| Neb. | 2021
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Background

  • Jodi gave birth to Kooper in Kearney (Buffalo County) and later sought a stepparent adoption in Phelps County; she identified Austin as the putative father and his notice was provided.
  • Austin filed a Complaint to Establish Paternity and Objection to Proposed Adoption in Phelps County (Oct 21, 2019) and, at a December hearing, moved to transfer the case to Buffalo County; the Phelps County Court granted the transfer, stating it lacked jurisdiction under the statutes.
  • Jodi moved to dismiss in Buffalo County, arguing Phelps never had jurisdiction to transfer under Neb. Rev. Stat. § 43-104.05; Buffalo County dismissed the complaint as void for lack of jurisdiction.
  • The Nebraska Court of Appeals reversed, holding that county courts have exclusive original jurisdiction over adoptions (§ 24-517) and that § 43-104.05(1) prescribes venue (county where child was born), so Phelps could transfer to proper venue.
  • The Nebraska Supreme Court granted review and affirmed the Court of Appeals: § 43-104.05(1) is venue language, § 43-104.05(4)(a) governs timing/length of a court’s exercise of authority (not a grant of jurisdiction), and jurisdiction is conferred by § 24-517, so the transfer was valid.

Issues

Issue Peterson's Argument Jacobitz's Argument Held
Whether the Phelps County Court had subject-matter jurisdiction and could validly transfer Austin’s paternity/objection action to Buffalo County Phelps had subject-matter jurisdiction under § 24-517; § 43-104.05(1) is venue (file where child born), so Phelps could transfer to correct venue § 43-104.05(4)(a) vests jurisdiction solely in the county court where the child was born (Buffalo), so Phelps lacked jurisdiction and could not transfer Affirmed Court of Appeals: § 43-104.05(1) is venue; § 43-104.05(4)(a) prescribes timing/length of jurisdictional exercise, not a grant of jurisdiction; subject-matter jurisdiction rests with county courts per § 24-517, so transfer valid

Key Cases Cited

  • In re Adoption of Micah H., 301 Neb. 437 (2018) (addresses putative father registry and adoption-notice framework)
  • Anderson v. A & R Ag Spraying & Trucking, 306 Neb. 484 (2020) (statutory interpretation principles)
  • E.M. v. Nebraska Dept. of Health & Human Servs., 306 Neb. 1 (2020) (rules on giving effect to all parts of a statute)
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Case Details

Case Name: Peterson v. Jacobitz
Court Name: Nebraska Supreme Court
Date Published: Jun 18, 2021
Citation: 309 Neb. 486
Docket Number: S-20-097
Court Abbreviation: Neb.