Paternity Attorneys assisting families in Reno, Sparks, Washoe County, and Northern Nevada
Paternity is the legal and biological relationship between a father and child. In Nevada, paternity is established when a child is born to married parents. It is also established when both unmarried parents execute an acknowledgment of parentage at the time of birth. In these cases, there can be little doubt about paternity.
What happens when the mother is not married to the father at the time of conception or birth?
Nevada law provides several methods for establishing paternity. Those situations extend beyond where it’s clear-cut.
NRS 126.031 establishes a lifetime presumption in favor of the husband and wife if they are married at the time of conception or birth. This presumption may be rebutted by clear and convincing evidence.
When a child is born out of wedlock, paternity must be established to be recognized as the legal father.
If you are the father of a child born out of wedlock, it is important to establish paternity. Otherwise, your child cannot be recognized legally as your own. If you have questions about establishing paternity, contact our skilled Reno Paternity lawyers for a consultation.
The following information explains who is responsible for establishing paternity and how this process works:
- If the mother is married at the time of birth and her husband is listed on the birth certificate as the father, he will be legally recognized as such. In this case, the father has parental rights over his children and can claim them as dependents on his taxes. He may also have inheritance rights if there was no will written before passing away (Nevada Revised Statutes Section 125).
- If the mother is unmarried at the time of birth but listed both parents on their child’s birth certificate then one parent would need to petition the court for an order declaring him or her the sole legal parent without consent from the other parent first (Nevada Revised Statutes Section 126). The petitioner must file an affidavit with supporting evidence showing why it would be detrimental to both parties if custody were granted shared decision-making.
Beyond an acknowledgment of parentage, there are other methods for establishing paternity in Nevada.
If you are a mother or father and want to establish your child’s paternity, you can file a motion with the court. Orders establishing paternity from out-of-state may also be registered in the Nevada courts.
Additional methods for establishing paternity include:
- Filing for child support services through Child Support Services (CSS)
- Requesting genetic testing through CSS
- Signing an acknowledgment of parentage form before another party such as a social worker, doctor or clergy member
Nevada Paternity Rights Lawyers
If you have questions about how to establish your paternity rights or if you have been named as the father of another person’s child and would like more information on how to proceed with establishing paternity, contact our award-winning Reno family law attorneys today.