How Do You Establish Paternity in Nevada?

If you want to establish all your rights as a father, or if you’re a mother struggling to get your child’s father to own up to his responsibilities, talk with a Mesa, NV paternity lawyer. A local lawyer who knows Nevada law and the process of establishing paternity can help you protect your rights and your child’s future.

What Does “Establishing Paternity” Actually Mean?

To establish paternity is to formalize the legal relationship between a father and child, and it’s necessary in cases where the parents are not married. This step gives the father standing to request custody or visitation and gives the child the right to receive financial support, health insurance benefits, inheritance rights, and access to important records. There’s a couple ways to go about this in Nevada, depending on your situation. 

How Nevada Law Decides Paternity

For Married Parents

If the mother was married at the time of the child’s birth, her husband is generally considered to be the legal father unless a court order says otherwise or both the mother and the alleged father have signed a Voluntary Acknowledgment of Paternity to the contrary. 

For Unmarried Parents

For parents who were never married, there is no automatic presumption about who the father is, so paternity must be established through one of the available methods:

• Voluntary Acknowledgment of Paternity
• Judicial order
• DNA genetic testing

If both parents sign a voluntary acknowledgment of paternity and file it with the State Registrar of Vital Statistics, that is enough to establish the father’s rights and responsibilities. The court can also declare a man the legal father of the child through a stipulation order, either after a court hearing or by default if the mother claims a man is the father and the man does not challenge it. The final option is DNA testing. 

When to Talk With a Paternity Lawyer in Mesa, NV

The voluntary route works well for cooperative parents, but when you’re in a situation where there’s disagreement, there are prior legal presumptions that someone else is the father, or if you need to address custody and support at the same time, it’s a good idea to get an attorney. 

An attorney can review your specific facts, prepare accurate court documents, arrange for proper service of all court documents on the other party, and represent you during any hearings or negotiations. They can also request genetic testing and protect your rights throughout the case. 

What Happens Once Paternity Is Established?

What happens next depends on the situation. The mother can, for example, now ask the court to set child support. The father can now request a parenting plan that gives him custody and visitation. The Nevada courts will make those decisions based on the best interests of the child and their preferences, though their preferences are never the deciding factor. 

Establishing paternity protects a child, gives a father his rights, and allows a mother to seek the support she needs to raise a child. For help with your paternity concerns, contact us today at the Law Office of Cosmas Onyia for a free consultation. We serve families in Mesa, Avondale, Chandler, El Mirage, Glendale, Goodyear, Scottsdale, Surprise, Tempe and throughout the region.

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