Peterson v. Jacobitz
309 Neb. 486
| Neb. | 2021Background
- Jodi (now Ronhovde) gave birth to Kooper in Kearney (Buffalo County) in Feb. 2013; she later sought a stepparent adoption and identified Austin as the putative father.
- Austin filed a “Complaint to Establish Paternity and Objection to Proposed Adoption” in Phelps County after receiving notice of the proposed adoption.
- At a hearing the Phelps County Court found venue required transfer to Buffalo County and transferred the case there.
- Jodi moved to dismiss in Buffalo County, arguing § 43-104.05 barred Phelps from exercising jurisdiction (and thus from transferring); Buffalo County dismissed for lack of jurisdiction.
- The Nebraska Court of Appeals reversed, holding § 43-104.05(1) prescribes venue (county of birth) while county courts’ adoption jurisdiction derives from § 24-517, so Phelps could transfer.
- The Nebraska Supreme Court affirmed the Court of Appeals: § 43-104.05(1) is venue language, § 43-104.05(4)(a) governs timing/length of jurisdictional exercise, and § 24-517 supplies county-court jurisdiction over adoption matters.
Issues
| Issue | Plaintiff's Argument (Jodi) | Defendant's Argument (Peterson) | Held |
|---|---|---|---|
| Whether § 43-104.05 vests exclusive subject-matter jurisdiction in the county where the child was born, preventing another county court from transferring or hearing a putative-father petition | § 43-104.05(4)(a) grants sole jurisdiction to the county of the child’s birth, so Phelps lacked jurisdiction and could not transfer | § 43-104.05(1) prescribes venue (where to file) while § 24-517 grants county courts jurisdiction over adoptions; Phelps therefore had jurisdiction to transfer to proper venue | Court held § 43-104.05(1) is venue language; § 24-517 grants jurisdiction; § 43-104.05(4)(a) addresses timing/length of jurisdictional exercise, not initial vesting. Phelps validly transferred the case. |
Key Cases Cited
- In re Adoption of Micah H., 301 Neb. 437 (2018) (discusses procedures related to putative-father registry and related filings)
- 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 for giving full effect to statutory language)
