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

  • 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)
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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.