Regardless of whether or not paternity has been established, actions regarding children who are born out of wedlock are called paternity actions. Paternity actions are usually filed to establish rights of the biological Father.
Paternity relates to children born out of wedlock and sets forth rights and obligations of the biological father.
Nevada has established several statutes related to paternity in order to ensure that each parent has equal rights to their children.
A parent-child relationship extends equally to every child and every parent, regardless of marital status of the parents, however, the mother of a child born out of wedlock is presumed the primary physical custodian of the child pending a determination of paternity.
Should the biological mother abandon the child or the biological father provide sole care and custody of the child in her absence, the father will be presumed to have primary physical custody.
A man will be presumed the natural father of a child under certain circumstances, as follows:
• Marriage between the parents
• The parents cohabitated for six (6) months before and through conception
• A paternity test which represents a 99% or more that the man is the natural father
• An acknowledgement of paternity signed by both Parties.
Simply put, if you are the natural father of a child and you are not married to the natural mother, it may be in your best interest to file an action with the Court to establish your rights.
To commence an action to establish Paternity, the Petitioner must file a Petition for Determination of Paternity. Encompassed within the Petition, the Petitioner can seek a paternity test, custody, visitation, surname change and/or child support. In the event both Parties agree on all the terms related to the minor child, a Decree of Paternity is signed by both Parties and submitted to the Court.
Should the Parties be unable to agree on custody, visitation, child support, etc., the Parties can appear in Court for a final determination by the Court. Please refer to the section on custody for additional information.
Once a determination of paternity is adjudicated, the minor child’s birth certificate can be easily amended to reflect the names of both biological parents.