Paternity and Parentage
Parentage actions are governed by Nevada Revised Statutes Chapter 126. Generally, unless a Court Order provides for the custody of a child, the mother of a child born out of wedlock has primary physical custody of a child.
How Paternity is Determined
A child, his or her natural mother, a man presumed or alleged to be his or her father or an interested third party may bring a parentage action to declare the existence or nonexistence of the father and child relationship. A parentage action may be filed in the county in which the child, the mother or the alleged father resides. Importantly, while a parentage action may be initiated before the birth of the child, the matter must be postponed until after the birth of the child. Upon the request of a party, the Court may order the mother, child and alleged father to submit to a test for the typing of blood (DNA test).
Responsibility of Paternity
Once parentage has been established by Court Order, the Court relies upon Nevada Revised Statutes Chapters 125B (Obligation of Support) and 125C (Custody and Visitation) to issue Orders regarding child custody, visitation, and child support. It is worthy to note that, if requested by the mother of the child in a parentage action, the Court will also order the father to pay the mother’s “pregnancy and confinement expenses.”
As with most family law matters, timing is critical in parentage actions and seeking the advice of counsel early in the process will likely affect the outcome of your case. Please contact The Cooley Law Firm at (702) 265-4505 to schedule your consultation today.