How Do I Establish Paternity in Nevada?
How do you prove someone is the father of your baby in Nevada? There are a few routes to establishing paternity in the State of Nevada.
First, a man is presumed to be the biological father of a child if:
- He and the child’s biological mother are or have been married to each other and the child is born during the marriage, or within 285 days after the marriage is terminated either by death, divorce, declaration of invalidity, annulment, or after a decree of separation is entered by a court; or
- He and the child’s mother were living together for a minimum of 6 months before the period of conception and continued to live together through the period of conception; or
- He and the child’s biological mother attempted to marry each other in compliance with the law before the child’s birth, even though the attempted marriage is invalid or could be declared to be invalid; and if the attempted marriage is invalid without a court order, the child is born within 285 days after the termination of cohabitation; or
- While the child is still a minor, the man receives the child into his home and openly holds out the child as his own natural child; or
- DNA tests or blood-typing tests pursuant to NRS 126.121 show a 99% or more probability that he is the father (except this presumption may be rebutted if he proves that he has an identical sibling who may be the father; or
- The man signs a voluntary acknowledgment of parentage that was developed by the State Board of Health pursuant to NRS 440.285 which shall be deemed to have the same effect as an order of the court if the declaration is signed in Nevada or any other state by the parents of the child. Note — this acknowledgment may be rescinded if certain factors are met.
Who Can File for a Paternity Case in Nevada?
A child, his or her biological mother, or a man presumed or alleged to be the biological father or an interested third party may bring an action to establish paternity in Nevada. If an action is brought before the child is born, all proceedings must be stayed until after the child’s birth, with the exception of service of process and the taking of depositions to perpetuate testimony.
What if the Alleged Father Refuses to take a DNA or blood-typing test?
When a qualified party brings a motion to the court, the court shall order the alleged father or any other persons involved to submit to such testing by a designated person, or qualified physician. The judge may impose specific directions and restrictions regarding the testing. Upon receiving the results, the results must be presented as evidence to the court. The test results are evidence of paternity unless a party files a written objection at least 30 days prior to the hearing at which the test results are to be received as evidence.
If the person is ordered to submit to a test by the court and still refuses to do so, the court may presume that the test results would be adverse to the interests of that party and may enforce its order to protect the rights of others.
Need assistance establishing Paternity in Nevada? Give us a call for your free, confidential consultation at 702-515-1500.
