Nebraska Affidavit by Mother for Constructive Service of Father who Deserted Mother and Abandoned Minor Child

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Multi-State
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US-00875BG
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Word; 
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This form is a generic affidavit that may be referred to when preparing an affidavit of a mother of a child for constructive service of the father who deserted the mother and abandoned their minor Child.

The Nebraska Affidavit by Mother for Constructive Service of Father who Deserted Mother and Abandoned Minor Child is a legal document that provides a detailed account of a mother's situation when the child's father has deserted the mother and abandoned their minor child. This affidavit seeks to establish constructive service on the father in order to proceed with legal actions regarding child custody, child support, visitation rights, or other appropriate legal remedies. The affidavit should include the following crucial information: 1. Mother's Personal Information: In this section, the mother should provide her full name, address, contact details, and any relevant identification information, such as a driver's license or social security number. 2. Father's Personal Information: The affidavit should include as much information as possible about the father, such as his full name, last known address, phone number, social security number, and any other identifying details. Photocopies of any documents related to the father's identity, like a driver's license or social security card, should be attached. 3. Child's Information: Provide the minor child's full name, date of birth, and any other pertinent details, such as the child's address and social security number. It is helpful to include a photocopy of the child's birth certificate or any other relevant documents as evidence. 4. Deserter's Behavior and Circumstances: In this section, the mother should provide a detailed narrative explaining how the child's father has deserted her and abandoned their child. Include specific dates, incidents, and any supporting evidence, such as text messages, emails, or witnesses. 5. Attempted Contact: Specify any attempts made by the mother to contact the father, whether it was through calls, texts, letters, or emails. Include details such as dates, times, and the nature of each attempt. Attach any relevant communication records or proof of attempted contact. 6. Financial Support: If applicable, outline any financial support the father has failed to provide for the child, such as unpaid child support or lack of contribution to essential expenses. Include any evidence, such as bank statements, missed payment records, or correspondence related to financial obligations. 7. Concerns for the Child's Well-being: Emphasize any potential risks or adverse effects on the child's well-being due to the father's absence or lack of support. Mention the child's emotional, educational, or physical needs that are not being adequately met by the father's desertion. 8. Requests for Legal Action: Clearly state the mother's desired legal actions, which can include seeking sole custody, visitation rights for the absent father, establishing paternity, or modifying existing custody arrangements. This section should articulate the mother's intentions and desired outcomes. It's important to note that Nebraska may have specific requirements or additional types of affidavit forms that vary depending on the particular circumstance. It is recommended to consult an attorney or visit the relevant Nebraska legal resources to ensure the correct affidavit form is used.

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FAQ

In the context of subsection (1) of this section, "abandonment" is defined as a parent's intentionally withholding from a child, without just cause or excuse, the parent's presence, care, love, protection, maintenance, and the opportunity for the display of parental affection for the child.

Total absence from the premises without notice to landlord for one full rental period or thirty days, whichever is less, shall constitute abandonment.

State laws differ about what is needed for a parent to be deemed to have abandoned a child. Generally, there needs to be a period of time during which the parent does not have any contact with the child and does not pay child support. In most states, the period of time is one year, but this varies.

However, Nebraska's law was written so broadly it allowed parents or guardians to leave children up to the age of eighteen at a Nebraska hospital without facing abandonment charges. Under the law 36 children were surrendered to Nebraska hospitals in a 127 day period.

(1) Any person who abandons and neglects or refuses to maintain or provide for his or her spouse or his or her child or dependent stepchild, whether such child is born in or out of wedlock, commits abandonment of spouse, child, or dependent stepchild.

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Nebraska Affidavit by Mother for Constructive Service of Father who Deserted Mother and Abandoned Minor Child