I have a son or daughter, but am not married to the mother and am NOT on the birth certificate.
If you are not listed as father on the birth certificate, then you need to establish paternity. Either: 1) Open a Case with the Clark County District Attorney's Office Family Support Division and ask them to establish paternity or 2) File a Complaint to Establish Paternity, Custody and/or Visitation and Support in Clark County Family Court.
What happens when you contact the DA--Family Support to Establish Paternity?
The DA will open a case, contact Mom and ask her and the child to take a paternity test. The DA will also have you take a paternity test. Paternity testing is painless--they swab your mouth with a cotton swab, take a photo of you and record your id.
Who pays for the paternity test?
The State of Nevada will front the cost of the paternity test in the situation described above. If you are found to be the father, you will have to reimburse the State for the cost. Presently, it cost $40.00 per person for a paternity test. A typical test is $120.00. (mom, dad and child)
Is everyone entitled to a paternity test?
No. If there is a legal presumption of paternity, then you are not usually entitled to a paternity test. Some legal presumptions are: married to mother, lived with mother during conception and through the entire pregnancy and after the birth. Other legal presumptions are set forth in the Nevada Revised Statutes.
Ok, the paternity test results are in....I'm the Daddy---now what?
If you are found to be the father of the child, then the child support court will usually set an amount for you to pay for child support. Child Support in Nevada is based upon a percentage of your gross monthly income. In addition, the Court will make an order concerning who will be responsible for providing health insurance.
But my child lives with me and NOT mom.
If the child lives with you and not mom, then you need to tell the child support office that fact. If the child lives with you, you can open a case against mom asking her to pay child support.
But my child lives with Mom and I want my child to live with me.
Once paternity has been established, you are now in a position to file a Complaint for Custody with the Family Court or a Motion for Custody with the Family Court Judge. In your paperwork, tell the court why the judge should order the child to live with you and not mom. Explain to the judge why it is in the child's best interests for you to be his or her primary caretaker.
Attach or refer to the paternity test results in the paperwork you file with the Family Court Judge For Custody.
Do I have to go through the DA to establish paternity?
No, you can establish paternity through an order from the Family Court Judge. The downside to doing this is that a paternity test that is not ordered through the DA may cost you more and you will have to front (pay upfront) the cost. The upside to not going through the DA and going through the Family Court is that you will probably get to court much sooner.
Why did I need to establish paternity?
If you are not married to the mother, then Nevada law says that she is the sole custodian. If you want to legally become a custodian of the child, either a joint custodian or a primary custodian, your first step is to legally establish that you have a legal right to a relationship with the child.
You have a legal right to a relationship with a child if you are the father.
Establishing paternity is the first step in the road to custody for an unwed father.
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