Fatherhood is arguably the most significant responsibility in a man’s life. Unfortunately, the paternity of a child can also be a source of legal conflict between men and women. The issue of paternity is of critical importance to: (1) establish the parent-child relationship and all of the rights and duties that come with that; (2) to allow a court to enter orders regarding visitation or access to the child; and (3) to allow a court to enter child support orders.
In other words, the issue of paternity is a prerequisite to addressing the critical issues of child custody and child support. In Nevada, there are several ways that paternity can be established.
Presumption of Paternity
Under the paternity laws of Nevada, a man is presumed to be a child’s father if one of the following conditions exist:
- The child is born during the man’s marriage to the child’s mother or within 285 days of when the marriage legally ends;
- The man is cohabitating with the child’s mother for at least six months before the child’s conception and through the period of conception;
- The child is born within 285 days of an attempted, but invalid, marriage between a man and the child’s mother; or
- The man “receives the child into his home and openly holds out the child as his natural child.”
Voluntary Acknowledgement of Paternity
If a man does not fit one of the aforementioned criteria to be considered a presumed father, then paternity can also be established if the man and the child’s mother both voluntarily sign an acknowledgment of paternity form developed by the State Board of Health. The voluntary signing of this document has the same legal effect as if a court had entered an order establishing paternity.
If a man is not presumed to be the child’s father by virtue of marriage, co-habitation, or openly holding the child out as his own, and has not voluntarily acknowledged paternity, then there is another method of establishing paternity: through genetic testing. If testing shows a probability of 99 percent or more that a man is a child’s father, this creates a “conclusive presumption” of paternity.
Call Viloria, Oliphant, Oster & Aman L.L.P.
Child custody and child support issues can be the source of great conflict, and understandably so. If you need assistance navigating these issues, contact Viloria, Oliphant, Oster & Aman, L.L.P. Our attorneys are smart, respected professionals who will fight for your legal interests. We pride ourselves in forming strong attorney client relationships by focusing on the needs of our individual clients. We will listen to you and provide you with thoughtful representation. Call Viloria, Oliphant, Oster & Aman L.L.P. at (775) 227-2280 to schedule a consultation or contact our office through our website.