How to Establish Paternity For Unmarried Parents
There are two ways to establish paternity in Nevada.
Voluntary Declaration of Paternity
The first and the most common way is for the father and the mother to both sign what is called a voluntary declaration of paternity. Most often, this is done at the hospital soon after the child is born. This establishes the father as the child’s legal father.
If, for whatever reason, you are not able to sign this form at the hospital, you can still choose to sign the declaration of paternity at a later date. Both mother and father can go either to the health district or to the office of vital statistics and sign this form voluntarily. Once that is done, then you can have a new birth certificate issued with the father’s name added to the birth certificate if it was not done at the time of the child’s birth.
Complaint For Paternity
The second way to establish paternity, is to file a complaint for paternity with the court. This option is often used when the parents are in disagreement on the child’s paternity, and are unwilling to take a the voluntary method of signing a declaration of paternity. After filing a complaint for paternity, the court will then order that a DNA test be taken by the father to prove their paternity. Once confirmed genetically, the father will be added to the child’s birth certificate and will assume all legal paternal rights.
When the parents are not married, there is no legal presumption of paternity, therefore, these are the two methods available in Nevada for establishing paternity of a child born to unmarried parents. If you have questions regarding your specific paternity or child custody situation, our team can help. To schedule a meeting, contact our office at (702) 998-1188, info@ljlawlv.com, or schedule a consultation online.
For additional resources on child custody, paternity, or parental rights, be sure to check out our Family Law Blog, podcast, or Family Law TV playlist on Youtube.