Friday, December 15, 2006

Nebraska Supreme Court: grandparent lacked standing to object to the constitutionality of § 43-1802(1)(c)RRS Neb in paternity action that abated due to the putative father’s death.Bullock v. J.B., 272 Neb. 738 Filed December 15, 2006. No. S-05-636. The Douglas County District Court dismissed the putative father’s PR’s attempt to revive his action to establish his paternity over JB. The PR, apparently the deceased’s mother sought on her own grandparent visitation. The District Court dismissed this claim as well. The case caption does not indicate the PR filed a personal action for grandparent visitation. Supreme Court refuses to consider constitutional challenge to 43-1802 because PR lacked standing The paternity statutes, Neb. Rev. Stat. §§ 43-1401 to 43-1418 (Reissue 2004), make no mention of grandparent visitation. Instead, Neb. Rev. Stat. § 43-1803 (Reissue 2004) provides the procedure for requesting grandparent visitation. The record indicates that Grandparent/PR has not requested grandparent visitation under this section in the case under review. Given the absence of a grandparent visitation claim, Janet lacks standing to challenge the constitutionality of § 43-1802(1)(c) in this case. Standing to challenge the constitutionality of a statute under the federal or state Constitution depends upon whether one is, or is about to be, adversely affected by the language in question; to establish standing, the contestant must show that as a consequence of the alleged unconstitutionality, the contestant is, or is about to be, deprived of a protected right. State v. Cushman, 256 Neb. 335, 589 N.W.2d 533 (1999).

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