Children have the right to parental care and financial support from both parents. In Nevada, when a child is born outside of a marital relationship, a paternity claim is necessary to establish those rights so custody and support arrangements can be established. When you need a child paternity attorney in Henderson, the Leavitt Family Law Group can help.
Paternity is the legal term for fatherhood. When a married couple has a baby, the law assumes the husband is the father. When the parents are not married, there is a legal step required to confirm the status of the biological father. Paternity confers certain rights to the child and certain rights and responsibilities to both parents.
Nevada Paternity Law
In Nevada, the husband or domestic partner of the mother is presumed to be the father. If, for any reason, the couple is not together at the time of birth but were within 285 days of the birth, the husband or domestic partner is the father as far as the law is concerned. Legal paternity is only annulled if the court establishes that someone else is the biological father or if the biological father signs a Voluntary Acknowledgment of Paternity. Under Nevada law, any attempts to establish paternity must begin before the child turns 21.
Benefits of Establishing Paternity
You may be wondering why you need to establish paternity. Here are just a few benefits of establishing paternity in Nevada:
- Both the parents and the child will be given rights and opportunities.
- The father will gain legal rights to his child.
- The child will have access to benefits from the father's social security, life insurance, health insurance, military benefits, and inheritances.
- The child will have access to both parents' medical histories and lineages.
- Both parents can establish a relationship with their child.
- Both parents can share the benefits and responsibilities of parenting.
If you want to discuss how establishing paternity can benefit you now and in the future, it’s essential to contact a child paternity attorney in Henderson. Our attorneys have extensive experience and can assist clients in protecting or establishing parental rights. To discuss your case with us, please call us at 702-605-0065 to schedule a consultation.
Paternity Test Stigma
It can be uncomfortable to insist upon DNA testing for paternity which helps ensure the child's well-being from a support or visitation standpoint. One of the ways we can help remove the stigma is by seeking a court order if you need to establish paternity in your case.
Mother is Married
If a mother is married at the time of the birth of the child, her husband will be the default for paternity unless:
- The court has ordered that someone other than the husband is the father.
- The mother and alleged father, not the husband, have signed a Voluntary Acknowledgement of Paternity.
Mother is Not Married
If the mother is not married when the child is conceived or born, there are a couple of methods used to establish paternity:
- A judge can declare a man to be the child’s legal father after a hearing.
- Both parents can sign a Voluntary Acknowledgement of Paternity, establishing paternity.
DNA Paternity Testing
There are times when the father's identity is unclear, and paternity needs to be established. This can be the case if a mother is seeking support or if the father is seeking custody. In both cases, paternity must be established, and DNA testing can be court-ordered.
If the DNA test indicates an above 99% chance the individual is the father, paternity is established.
Schedule a Las Vegas Child Paternity Consultation
Contact us by phone or email to arrange for your confidential family law consultation with one of our attorneys. We promise to listen to you closely, answer your questions and advise you of your complete range of legal options.