Man takes legal fight for son to Neb. high court

Associated Press - November 28, 2009 1:55 PM ET

OMAHA, Neb. (AP) - A northeast Nebraska man continues fighting for custody of his son nearly five years after he alleges a welfare worker allowed his newborn son to be taken for adoption by an Alabama couple without his permission.

Matthew Ashby of Meadow Grove hopes the Nebraska Supreme Court will reinstate his lawsuit after hearing arguments next week.

Ashby accuses his ex-fiancee, Monica Kilmer, of conspiring with Douglas and Tammy Black of Montgomery, Ala., and others to deprive him of his parental rights, but a Lancaster County judge ruled in favor of the defendants last year.

The Blacks and Kilmer maintain there was no conspiracy, and the Blacks argue an earlier ruling giving Ashby custody is invalid because they never had a chance to contest it.

On the Net:

Nebraska Judicial Branch: http://www.supremecourt.ne.gov