This is the next article in my series on the rights of Nevada fathers who are not listed on their child’s birth certificate. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if you or a loved one need assistance. It is important that you establish a custody arrangement prior to the Court considering the current situation to be the “status quo.” In this article, I will be discussing the rights of fathers in this situation as a general matter. If you are in need of assistance then contact my office today to speak with a lawyer.
Nevada fathers have no right to custody or visitation when they are not on the birth certificate
Nevada is like most other states in the union in that a father has no rights or obligations until paternity has been established. This means that the biological dad will have no right to visitation, custody, or input into the child’s upbringing. The mother will have sole legal and sole physical custody of the child. This also means, however, that a father will have no obligation to pay child support and will also be free from obligation in regard to healthcare expenses. It is important to understand, however, that the Courts can award four years of back child support and medical expenses if and when a paternity action is filed. Also, once paternity is established, the Court will often create a “reunification plan” and the father will receive extensive visitation, and possibly joint custody, unless the facts of the case are extreme.
Both fathers and mothers often proceed under incorrect assumptions when a dad is not listed on the birth certificate. The father may think that he has no obligations and the mother often thinks that she can completely ignore the dad until he “helps” with the child. These assumptions are flawed. For example, Jack and Jill are unmarried and have a one-year old. Jack is not on the birth certificate. He does not pay child support and the mother regularly denies him contact with the child until he starts to pay support. Both parents are surprised when they go to Court and paternity is established. The Judge orders Jack to pay twelve months of back child support. The Judge also does not look fondly upon Jill’s denial of contact and puts a plan in place for Jack to have joint legal custody and regular visitation. Each parent has made themselves look bad in the eyes of the Court. While each case will depend on the specifics of the situation, this example shows what can happen in such matters.
Las Vegas fathers can sign an acknowledgement of paternity or file a legal action
If a Nevada dad wishes to establish paternity then there are two methods for doing so. First, if the mother is in agreement, then the parents may sign a voluntary acknowledgement of paternity. This will have the legal effect of declaring the male to be the father. Second, either party may file an action with the Court to establish paternity and child custody. If the parties choose the latter course of action, then there will be an initial hearing at which a paternity test will be ordered. If the test is negative then the case will be concluded. If the test is positive then the Court will typically issue a temporary visitation and support order while the case proceeds. From that point, the case will move forward as if it were any other child custody matter.
The Court’s sole concern will be for the best interest of the child when making a custody decision. The Judge will consider factors such as the ability of each parent to meet the child’s needs, the health and well-being of each parent, the extent to which each parent will attempt to foster a relationship between their counterpart and the child, any history of domestic violence, as well as other factors. The Court will begin each case with the presumption that the parents should share joint custody. This presumption will only be varied from if joint custody would not be in the best interest of the child. An experienced attorney will give you an honest assessment of how the Court may rule in your particular matter.
If you are in need of assistance then contact my office today to speak with a Las Vegas fathers’ rights lawyer. My practice is devoted exclusively to the area of family law and I have handled a number of paternity cases. I understand that this is an important time in your life and my firm will give your case the attention it deserves. I look forward to speaking with you.