Legal Question in Family Law in Nebraska

Re: under age son 16, signs full custody of newborn to grand.

Can a 16 year old boy sign full custody(temp & adoption) of his newborn baby to maternal grandparents, without the consent of his mother present? ANSWER: NO under Nebraska law. There is no way around this.

Can I fight for custody if the contract is void, due to the court papers state mother of newborn is in jail? ANSWER: YES--and NO. It does not matter what the "court papers" state. Bottom line is that in Nebraska the parent's are presumed to be in the best position to have custody of their child(ren). Grandparent's have a very limited cause of action for visitiona--see Neb. Rev. Stat. in section 42. However there is no specific cause of action for a grandparent to be awarded custody of their grandchild.

It is possible for a grandparent to be awarded custody, but in Nebraska it is by no means a "slam dunk." It will probably come down to the Judge that is hears the case--some are more receptive then others.

Good luck.