Paternity lawsuits filed in different counties
Hi, I have a situation and not sure if this is the correct way to handle it or if there is more to it. A paternity case was filed in Lancaster County, Nebraska in June by the State of Nebraska. But the paperwork needing to be served has been unsuccessful due to the father’s lack of permanent residency and being self-employed. The father filed a paternity case in Dodge County, Nebraska in August. The same case can't take place in different counties can it? And the one that commenced first takes precedence so the second case should be automatically dismissed by the judge due to lack of jurisdiction, right? Or is a hearing required regardless? If so, what usually happens in this stage? In the meantime, I have created a Motion to Dismiss and hoping someone can review and let me know if I am missing something. Thank you in advance!
Comes now the Defendant, Amy, and requests the Court to dismiss the Complaint of Plaintiff’s action pursuant Rule 12(B) of the Federal Rules of Civil Procedure for Improper Venue. The Defendant moves the court as follows:
1. The Defendant is a resident of Lancaster County, Nebraska.
2. The Plaintiff is not a resident of Dodge County, Nebraska.
3. The children of the parties, reside in Lancaster County, Nebraska with Defendant.
4. Court proceedings for Paternity of said parties commenced in Lancaster County, Nebraska on June 8, 2009.
WHEREFORE, the Defendant prays for an order of the Court to dismiss the Plaintiff’s action on the ground that the court lacks jurisdiction.