Which Parent Has Custody Of The Child If There Is No Court Order In Place?
The answer to this question is: IT DEPENDS
It depends on whether the parents are married or not.
- If the parties are married, then the parties have equal rights to custody until a court order is put in place.
- If the parents are not married then the mother has the custody of the child until a court order is put in place.
There is no legal presumption of paternity. Meaning that the father is not automatically assumed to be the biological father of the child. If the father wishes to have custody he must first establish paternity and he can do this in two ways. Voluntarily or involuntarily.
What that means is that if the parents agree that the father is the biological father then they can come to an agreement just by simply filing a voluntary acknowledgment of paternity form. It’s a simple form that you fill out stating that yes, this is the biological father of the child and that should be sufficient.
On the other hand if the mother is not agreeing that the father is the biological father then the father must conduct a genetic test to establish paternity. Once the paternity has been established then the father can put his name on the child’s birth certificate and then you can petition the court for a custody order.
Just remember that because the parents are not married does not mean, specifically for the father, that he doesn’t have rights to the child. The father has the same rights as the mother does it just takes a couple of more steps for him to establish that right, if the parents are not married. Don’t let the fact that you are not married and you have children with your significant other make you believe that you do not have the same rights to your child as the mother does.
If you have questions about this topic or any other topic in family law, please give me a call or go to www.vegasdivorcemeeting.com. Set up an appointment and I would be more than happy to sit down with you and discuss your particular situations and guide you in the right direction.
Nothing is more important than your family. LJ Law is a Family Law Firm in Las Vegas, Nevada. We offer help in cases such as Divorce, Child Custody and Visitation, Child Support, Pre and Post-Nuptial Agreements, Annulments, Alimony, Adoption, Guardianship, Paternity and much more.
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