Rights of Unmarried Parents in Nevada
When parents are not married to each other, Nevada family law provides specific legal frameworks for establishing parental rights and responsibilities (aka child custody). Understanding these rights is essential for protecting both your relationship with your child and your legal standing as a parent. [source: childwelfare]
Establishing Legal Parentage
Nevada law recognizes several ways an unmarried parent can establish a legal parent-child relationship. A person is presumed to be the natural parent of a child under the following circumstances: [source: leg.state]
- The parents cohabited for at least 6 months before conception and continued cohabiting through the conception period
- Before the child’s birth, the parents attempted to marry each other, and the child was born during or within 285 days after the attempted marriage ended
- The person receives the child into their home while the child is a minor and openly holds out the child as their natural child
- Genetic testing shows a 99% or higher probability of parentage (this creates a conclusive presumption) [source: childwelfare]
Voluntary Acknowledgment of Parentage
The most common way unmarried parents establish legal parentage is through a Voluntary Acknowledgment of Parentage (VAP). This declaration can be signed at the hospital after birth or at any time before the child turns 21 with the Nevada Office of Vital Records. Before signing, both parents must receive written and oral notice of the rights, responsibilities, and legal consequences of acknowledgment. [source: dss.nv]
A properly executed VAP has the same legal effect as a court order determining parentage and does not require court ratification. Both parents must sign the form, which requires notarization or witnessing, and file it with the Nevada Bureau of Health Planning & Statistics Office of Vital Records. [source:leg.state]
Revoking or Challenging Parentage Acknowledgment
Parents have limited time to change their minds after signing a parentage acknowledgment. You may rescind the acknowledgment:
- Within 60 days after both parents sign the document
- Before an administrative or judicial proceeding relating to the child begins (if you are a party), whichever comes first
After this period expires, the acknowledgment can only be challenged based on fraud, duress, or material mistake of fact. The person challenging the acknowledgment bears the burden of proof, and child support obligations typically continue during the challenge unless the court finds good cause to suspend them. [source: childwelfare]
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Court Actions to Establish Parentage
When voluntary acknowledgment is not possible or appropriate, any of the following parties may file a court action to establish or dispute parentage:
- The child
- The birth parent
- A person presumed or alleged to be the child’s parent
- An interested third party
The court may consider various forms of evidence, including genetic testing results, medical evidence, proof of cohabitation, receipts for pregnancy and birth expenses, and expert testimony regarding statistical probability of parentage. Nevada permits paternity actions to be filed anytime before the child reaches age 21. [source: dss.nv]
Custody Rights for Unmarried Parents
In Nevada, the mother of a child born out of wedlock automatically has sole custody if no court order determines paternity and the father has not acknowledged paternity or is not subject to a presumption of paternity. However, once paternity is legally established, Nevada courts prefer joint custody arrangements and make custody decisions based on the best interest of the child.
Unwed fathers have zero custody rights until they legally establish paternity through voluntary acknowledgment or court order. After establishing paternity, fathers have the same custody and visitation rights as married fathers.
Required Information After Establishing Parentage
Within 10 days after a court establishes parentage, both parties must file specific information with the court and the Nevada Division of Welfare and Supportive Services:
- Social Security number
- Residential and mailing addresses
- Telephone number
- Driver’s license number
- Employer’s name, address, and telephone number
Parents must update this information within 10 days whenever it becomes inaccurate. [source: childwelfare]