Peterson v. Jacobitz
309 Neb. 486
| Neb. | 2021Background
- Child (Kooper J.) born February 2013 in Kearney (Buffalo County), Nebraska.
- Mother (Jodi) later petitioned for a stepparent adoption in Phelps County; Austin was identified as putative father and given notice.
- Austin filed a Complaint to Establish Paternity and Objection to Proposed Adoption in Phelps County (Oct. 2019) and moved to transfer to Buffalo County (the county of birth).
- Phelps County granted the transfer and transmitted the matter to Buffalo County.
- Buffalo County dismissed for lack of jurisdiction, reasoning Phelps never had jurisdiction under Neb. Rev. Stat. § 43-104.05 and thus could not transfer.
- Nebraska Court of Appeals reversed; the Nebraska Supreme Court granted further review and affirmed the Court of Appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 43-104.05(4)(a) vests exclusive subject-matter jurisdiction in the county where the child was born | Jacobitz: § 43-104.05(4)(a) places sole jurisdiction in the county of the child’s birth | Peterson/Ct. of Appeals: § 43-104.05(4)(a) governs timing/length of court authority; jurisdiction is conferred by § 24-517 | Court: § 43-104.05(4)(a) concerns timing/duration of a court’s authority, not the grant of subject-matter jurisdiction; jurisdiction comes from § 24-517 |
| Whether Phelps County could transfer Austin’s complaint to Buffalo County | Peterson: Phelps had jurisdiction over adoption matters and could transfer venue per § 43-104.05(1) | Jacobitz: Transfer was void because Phelps lacked jurisdiction under § 43-104.05 and thus could not transfer | Court: Transfer valid—§ 43-104.05(1) prescribes venue (file in county of birth); county courts have exclusive original jurisdiction over adoption under § 24-517, so Phelps could transfer to proper venue |
Key Cases Cited
- In re Adoption of Micah H., 301 Neb. 437, 918 N.W.2d 834 (2018) (addressing adoption/putative father notice framework)
- Anderson v. A & R Ag Spraying & Trucking, 306 Neb. 484, 946 N.W.2d 435 (2020) (statutory interpretation principles)
- E.M. v. Nebraska Dept. of Health & Human Servs., 306 Neb. 1, 944 N.W.2d 252 (2020) (statutory interpretation principles)
- Peterson v. Jacobitz, 29 Neb. App. 486, 955 N.W.2d 329 (Neb. Ct. App. 2021) (Court of Appeals decision holding filing-county venue language does not deprive county court of jurisdiction to transfer)