In Nevada the parent/child relationship equally extends to each and every parent and child born in the State of Nevada or those living here. Moreover, children are entitled to be financially supported by their parents.

Children born outside the bonds of marriage can create legal questions about who will provide financial support and how that support will be provided. In the case of a child born out of wedlock, a paternity claim will be necessary before the court can make a determination about custody and support of a child.

The statutory guidelines to determine parentage are found in NRS 126.051. More specifically, if a mother is married at the time of her child’s birth, her husband will be presumed to be the child’s biological parent. In the event the parents divorce, separate, or their marriage is annulled, paternity is presumed if the child was born within 285 days of the separation, divorce, or annulment. If the parents are unmarried at the time of a child’s birth, paternity is presumed if the parties lived together for at least 6 months before the child was conceived and the parties continued to reside together through the period of conception.

To establish a paternity claim, the court will typically require a DNA test to occur to determine the true parentage of a child. Upon confirmation of paternity, then a parent’s visitation rights or child support rights are established and can thereafter be enforced by court order.

In the event you are the parent of a new baby, or you need to establish your parental rights to have visitation with your children, our Henderson Paternity attorneys have extensive experience and routinely 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 certainly be uncomfortable to insist upon DNA testing for paternity which is intended to help ensure the well-being of the child from a support or visitation angle.  One of the ways we can remove the paternity test stigma is by seeking a court order if you need to establish paternity in your case.

Paternity Establishment

  • Mother is Married

    If a mother is married at the time of the birth of the child, her husband will be the default for the paternity unless

    • The court has issued an order 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 that can be 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

Paternity DNA Test Attorney Henderson NV

DNA Paternity Test Example

There are times when the identity of the father 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, the father’s paternity must be established and the DNA testing can be court ordered.

If the test has a score above a 99% chance the person is the father, paternity is established.

Schedule a Attorney Consultation for Paternity

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.

Las Vegas Attorney Leavitt Family Law