Full question:
I am a resident of Nebraska. My parents are Indians. My father and mother married under Indian customs and settled in Nebraska before I was born. They have not solemnized their marriage under Nebraska law. They lived together as husband and wife according to the customs and manners of Indian life Can I be considered as a legitimate child in Nebraska?
- Category: Paternity
- Date:
- State: Nebraska
Answer:
In Nebraska, children born to an Indian couple are considered legitimate if either parent has Indian blood and they have lived together as husband and wife according to Indian customs. This is stated in R.R.S. Neb. § 42-402, which says that the children of such cohabitation are deemed legitimate, regardless of whether the parents have divorced or married others according to Indian customs.
In your case, you may be recognized as your parents’ legitimate child since they cohabited as husband and wife according to Indian customs.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.