Nevada Paternity Law
"Paternity" means, quite simply, fatherhood. Establishing paternity is important in divorce cases because it makes the biological father the legal father, according to the Nevada Division of Welfare and Supportive Services. Under the law, both parents have the right to a relationship with their children and an obligation to support them as well. Children have the right to both parents' Social Security, insurance and veterans benefits.
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Establishing Paternity
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Nevada law has rules for establishing paternity both when the mother is married and when she is not married.
When the mother is married--or widowed--at the time the baby is born, her husband is automatically considered the legal father, unless (1) there is a court order establishing a different person as the father or (2) there is a Voluntary Acknowledgment of Paternity signed by the mother and a person other than the mother's husband who claims to be the father.
When the mother is not married at the time the baby is born, both parents can sign a Voluntary Acknowledgment of Paternity or a judge can declare a man the legal father after a court hearing or by a default order.
Paternity Acknowledgment
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Most hospitals can assist parents in completing and filing a Voluntary Acknowledgment of Paternity, according to the Nevada Division of Welfare and Supportive Services. A father can sign the affidavit even if he is married to someone other than the mother. If the father is a minor, his parent or legal guardian must sign an addendum giving him permission to sign the paternity acknowledgment. The affidavit must be filed in the Office of Vital Records at the Bureau of Health Planning and Statistics.
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Paternity Hearing
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If the mother is receiving public assistance in Nevada and the alleged father refuses to acknowledge paternity, either she or the Division of Welfare and Supportive Services can request a paternity hearing. In that case, genetic--DNA--testing is required.
Paternity Testing
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Genetic testing to establish paternity involves taking cells from the mother, child and alleged father and then comparing the DNA. The cells can come from blood, a buccal (cheek) swab, umbilical cord, semen, tissue or hair. There are no known risks involved with this type of testing after the baby has been born, according to the American Pregnancy Association.
Birth Certificate
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When a woman is married at the time of her child's birth--or has been divorced or widowed for less than ten months--Nevada law requires her husband's name to be entered as the father on the birth certificate. When the mother is not married at the time of conception or birth, the name of the father on the Voluntary Acknowledgment of Paternity can be listed on the birth certificate. When there is a paternity hearing, the name of the father determined at the hearing will be recorded on the birth certificate.
Child Support
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Once paternity is established, a father who does not live with his child is obligated under Nevada law to pay child support. The amount he will be required to pay will be set in accordance with Nevada Revised Statutes (NRS) guidelines. Factors the court will consider include his gross income and the number of children involved, as well as the cost of the baby's delivery, health insurance, child care and any special education needs. Nevada's Child Support Enforcement Program will assist in establishing and collecting child support; the mother does not need to be on public assistance to get help. There are 17 county offices.
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- Photo Credit baby image by Kurhan from Fotolia.com
