Nevada Paternity Forms, Documents and Law
U.S. Legal Forms, Inc. provides Nevada paternity forms, documents, laws and information. Paternity law is ever changing and in today's society more and more paternity matters are being considered. Free Previews available. All forms are available in Word format. Free FAQ below.Â
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Nevada Paternity Law, Information and FAQ
Introduction:   Paternity is defined as the quality or state of being a Father. The person wanting to establish Paternity can either be the Mother, Father, or child, depending on the individual desires of the parties involved. With science giving us more accurate testing, the matter of establishing paternity is easier and more reliable than in the past. DNA testing methods include SWAB Test and DNA Genetic Identity. DNA testing centers are easy to locate and the costs are reasonable. For this reason, most paternity matters are settled prior to trial. In addition, Complaints and Petitions to establish Paternity are now often routine and agreed to by all parties. The resulting child support and custody proceedings are also involved.
Children born to unwed persons do not automatically have a legal Father without a Paternity action establishing the identity of the Father, whether agreed or contested. Note: Some States allow the establishment of Paternity by the execution of an Acknowledgment of Paternity form without a formal Court action.
Reasons to Establish Paternity:
Identity:Â To provide the child with a needed
identity.
Health:Â It is important to know the health history
of both the Mother and Father for medical care and treatment of the child.
Support:Â It takes two to fairly support a child in
today's world to the extent of their ability.
Benefits:Â Establishing Paternity allows the child
to be covered by health insurance, social security, inheritance and veteran's
benefits.
Public Assistance:Â Paternity also means the parties
can seek public assistance where they qualify.
How to Establish Paternity:
- Paternity Court Proceeding
- Voluntary Acknowledgment of Parentage or Paternity (in some States).
How do you challenge Paternity:
- Contested Paternity Action (Complaint to Establish Parental Relations or similar proceeding)
- Revocation of Voluntary Acknowledgment (if within certain rules)
Paternity Proceedings:
- Can be filed by the alleged Father, Mother, Child, or Child Support Division of the State.
- Paternity testing can be ordered by the Court in most States. The Mother, Father and child can be ordered to submit to testing.
- Testing can be by blood tests, swab test or other methods to obtain DNA samples.
- Generally, testing is paid for by the Father if testing is positive, or the mother if testing is negative. The Parties may also agree to how the testing will be paid.
Birth Certificate:Â The Father will be shown on the birth certificate if he acknowledges paternity when or close in time to the birth, or the Court orders the birth certificate to be changed to reflect the Fathers name.
Child's Name: When the child is born, the Mother usually establishes the name of the child. If the Mother and Father acknowledge Paternity and complete the application for a birth certificate they can both choose the child's name. If the name is not established by this means, the Court can order the change of the child's name at any time.
Marital Status:   Most paternity actions involve a child born out of wedlock. Paternity actions also occur between married persons where someone other than the Husband is the Father of the child, or where the Husband has fathered a child outside his marriage. There is a presumption that a child born to a married woman is the child of the husband. However, this presumption can be overcome by DNA and other evidence. In some states, the Mother and Husband can sign an "Affidavit of Denial of Paternity" where both agree that the Husband is not the Father of the child.
Age of Parents:Â Â Â Generally, the age of the parents does not matter and parents of any age can establish paternity.
Custody:   Custody of a child can either be awarded to the Father or the Mother in Paternity actions, depending on the facts. Mothers receive custody more often but Fathers are being awarded custody under certain circumstances. The Parties may also sign an agreement addressing this issue that the Court may consider in awarding custody.
Child Support:   Generally, the same rules that apply to child support in divorce actions, also apply to child support in Paternity actions. Either party can be ordered to pay child support to the other. Some Courts will also award back child support relating back to the date of birth or a specific number of years. The Parties may also sign an agreement providing for the payment of child support to be approved by the Court.
Visitation:Â Â Â If the Parties cannot agree to visitation rights, the Court may be petitioned to request visitation rights.
Attorneys:   If the parties cannot agree on paternity, custody and child support, you should seek the assistance of an attorney who routinely handles paternity matters. This is not a proceeding where self representation is advisable.
Voluntarily Acknowledging Paternity:   In most cases, you may elect to voluntarily acknowledge paternity with or without DNA testing. Once you agree, you may or may not be able to revoke the acknowledgment depending on your State.
Laws:   State laws vary about the procedures and rules for establishing paternity. Some call the action a Complaint for Legitimization. Uniform Acts have been developed for adoption by States including the Uniform Act on Paternity, 1960, Uniform Parentage Act, 1973 and the Uniform Putative and Unknown Fathers Act, 1988. States that adopted the Uniform Parentage Act include Alabama, California, Colorado, Delaware, Hawaii, Illinois, Kansas, Minnesota, Missouri, Montana, Nevada, New Jersey, New Mexico, North Dakota, Ohio, Rhode Island, Washington and Wyoming. States adopting the Uniform Act on Paternity include Kentucky, Maine, Mississippi, New Hampshire, Rhode Island and Utah.
Action by Child:   An action for paternity may also be filed by the child. In many states, after a child reaches the "age of majority," he has another one to five years to seek the establishment of paternity. Attempts to limit the right of the child to file for paternity have generally been ruled unconstitutional by the Supreme Court.
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Action by Parent:   Some States limit the time period within which a parent may seek to establish Paternity. You should check you State law for current laws but at the writing of this the time periods were as provided below. Special time periods may apply if the child is born to a husband and wife. For example, in California, a husband only has 2 years to file a paternity action.
No Time Limit: Arkansas, Georgia, Massachusetts, Oregon, Rhode Island, South Dakota, and Virgin Islands.
The State's "Age of Majority": Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Kansas, Kentucky, Louisiana, Maine, Minnesota, Missouri, Montana, New York, North Carolina, Oklahoma, Pennsylvania, South Carolina, Utah, Virginia, Washington, West Virginia.
Age 18: Mississippi
Age 19: Alabama, New Hampshire and Wisconsin
Age 19: Age of majority plus one year: Iowa and Tennessee
Age 20: Two years after child's 18th birthday: Texas
Age 21: Vermont and Wyoming
Age 21: Three years beyond the child's 18th birthday: Hawaii, Nevada,
New Mexico, and North Dakota,
Age 22: Four years after the child's 18th birthday: Florida
Age 23: Ohio
Five years beyond child's 18th birthday: New Jersey
Four years after child's birth if brought by mother or alleged
father; 18 years after child's birth if brought by guardian or next-friend
of child: Nebraska
DNA Testing:   DNA testing which creates a positive reading creates a rebuttable presumption that man is the Father of the child. The threshold percentage varies from State to State as follows:Â
95%: Alaska, Arkansas, Arizona, Florida, Iowa, Montana,
New York, North Dakota, Ohio, Oklahoma (Conclusive if 98%), and Puerto
Rico (Conclusive 98%)
97%: Alabama, Colorado, Georgia, Kansas, Massachusetts, Maine,
New Hampshire, North Carolina, Rhode Island, South Carolina, and Wyoming.
98%: Missouri, Vermont, Virginia, Washington, and West Virginia.
99%: Connecticut, Delaware, District of Columbia, Hawaii, Indiana,
Kentucky, Michigan, Minnesota (Temporary Orders With 92%), Mississippi,
Nebraska, Nevada, New Jersey, New Mexico, Oregon, Pennsylvania, South Dakota,
Tennessee, Texas, Utah, and Wisconsin.
99.9%: Louisiana.
California-Paternity index of 100 or greater per California Family
Code Section 7555(b)(2).
FAQ
Q:Â What is paternity?
A:Â Paternity means being declared the legal father after the child is born. If the parents of a child were not married when the mother became pregnant or when the child was born, the child does not have a legal father until paternity is established.
Q:Â Does it matter how paternity is legally established?
A: No. Whether paternity is established voluntarily, administratively or by court action, the result is the same. In each case, the biological Father becomes the legal Father.
Q:Â What is voluntary paternity establishment?
A:Â People may believe that paternity can only be legally established by filing a case in court and having a judge decide the issue after testing is done or other proof is submitted. However, if both parents agree who the biological Father is, legal paternity often can be established by a simple process that doesn't require a court hearing in most States. This is called voluntary paternity establishment.
Q:Â What if the man is not sure he is the Father?
A:If both parents are willing, they may take a genetic test (usually a blood test) to determine if the man is the biological Father.
Q:Â Are genetic tests accurate?
A:Â New methods of scientific testing are nearly one hundred percent accurate in proving whether a man is the father of a child. Most testing laboratories now use DNA testing. The test results can show conclusively if a man is not a child's father or can show that a man is the Father to a high degree of certainty.
Q:Â What if the Mother is married to someone other than the biological father?
A:Â Generally, if the Mother was married any time in the ten-month period before the baby is born or when the baby is born, the Husband is presumed to be the child's legal father in virtually all States. In this situation, the voluntary process to establish paternity for the biological Father can only be used if the Husband gives written consent to another man being declared as the Father. If the husband will not consent, court action may be necessary to establish paternity. If the Husband cannot be located after reasonable effort, paternity may be established without his consent.
Top Questions about Nevada Paternity Forms, Documents And Law
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What benefits do paternity tests provide?
Paternity tests offer numerous benefits, including legal proof of a child's parentage, which can affect custody and support decisions. Establishing paternity can also open the door to inheritance rights, medical benefits, and social security. Understanding the Nevada Paternity Forms, Documents and Law can guide you through this process effectively. Thus, not only does a paternity test clarify familial relationships, but it also secures important rights for the child.
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How to establish paternity in South Dakota?
To establish paternity in South Dakota, you typically need to complete several steps, including filing the necessary forms and potentially undergoing a paternity test. It is helpful to understand the Nevada Paternity Forms, Documents and Law, as the procedures are often similar. You may also need to appear in court to finalize the establishment of paternity. It's advisable to consult legal resources or professionals to ensure you're following the correct procedure.
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How do I file a motion for a paternity test?
To file a motion for a paternity test, start by gathering the necessary Nevada Paternity Forms, Documents and Law. Complete the motion clearly, stating your reasons for requesting the test. After you file it with the court, you should notify the other party involved. The court will set a hearing date to decide on your request.
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How difficult is it to get a court-ordered paternity test?
Getting a court-ordered paternity test can be straightforward if you follow the right procedures. Generally, if you properly complete the required Nevada Paternity Forms, Documents and Law, the process becomes easier. The key is to present a clear case that demonstrates the necessity of the test. While there may be some legal hurdles, having a well-prepared petition increases your chances of approval.
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How do you compel a paternity test?
To compel a paternity test, you need to file a petition in the appropriate court. This petition must include your intent to establish paternity and should follow the Nevada Paternity Forms, Documents and Law. Once the petition is filed, the court will review it and schedule a hearing, where you can present your case. If the court agrees, they will order the paternity test.
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How do I establish paternity in Nevada?
To establish paternity in Nevada, you must either sign an affidavit at the child's birth or file a paternity action in court. Completing necessary Nevada Paternity Forms, Documents and Law helps streamline the process and ensures you meet legal requirements. Additionally, consider engaging with resources that provide guidance on the legal steps involved, enhancing your understanding and support throughout the process.
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How long does a father have to establish paternity in Nevada?
In Nevada, a father typically has until the child turns 18 years old to establish paternity. However, it is important to act sooner to secure legal rights and responsibilities. Using Nevada Paternity Forms, Documents and Law, you can initiate the process to establish paternity, which can impact custody and support decisions. Therefore, it’s wise to start the process as early as possible.
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Does a man legally have to take a paternity test?
In Nevada, a man may be legally required to take a paternity test, especially if there is a dispute about fatherhood. This requirement falls under the purview of Nevada Paternity Forms, Documents and Law, which outline the process for establishing or challenging paternity. Compliance with test orders helps clarify legal responsibilities and rights regarding the child.
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Can a mother refuse a paternity test in Nevada?
Yes, a mother can refuse a paternity test in Nevada, but this refusal may complicate legal matters concerning child support and custody. Nevada Paternity Forms, Documents and Law provide clear guidelines on handling such disputes. If a mother is unwilling, the court can still order a test, ensuring the rightful acknowledgment of the child's parentage.
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What is the law on determining paternity in Nevada?
In Nevada, the law regarding determining paternity is designed to affirm a biological father’s rights and responsibilities. The legal process involves filing specific Nevada Paternity Forms, Documents and Law to either acknowledge or contest paternity. Understanding these laws ensures that the interests of the child and both parents are adequately represented and protected.