State ex rel. Mia G. v. Julio G.

The Supreme Court affirmed the decision of the district court appointing counsel at public expense for an indigent individual who had signed a notarized acknowledgment of paternity under Neb. Rev. Stat. 43-1408.01 but who, in response to the State's suit for child support, challenged the acknowledgment of paternity under Neb. Rev. Stat. 43-1409 on the basis of fraud, duress, or material mistake of fact, holding that such appointment was required by due process.The State filed a child support action against Julio G. and on behalf of Mia G., a minor child, and attached Julio's signed notarized acknowledgement of paternity to its complaint. Thereafter, Julio challenged the acknowledgment of paternity under Neb. Rev. Stat. 43-1409, claiming a material mistake of fact. It was then established that Julio was indigent, and the district court appointed counsel for Julio at public expense. The district court found that Julio was the biological father of Mia and ordered child support. The Supreme Court affirmed, holding that the district court did not err when it determined that paternity was at issue in the case and that Julio, who was indigent, was entitled to court-appointed counsel. View "State ex rel. Mia G. v. Julio G." on Justia Law