Paternity is the legal recognition of a man as the biological father of a child. Establishing paternity is an important step for both the child and the father, as it provides legal rights and responsibilities to both parties. In Lyon County, Nevada, establishing paternity is governed by specific laws and regulations. In this article, we will discuss what you need to know about establishing paternity in Lyon County, Nevada.
Why is Establishing Paternity Important?
Establishing paternity is important for several reasons. Firstly, it provides legal rights and responsibilities to the father, such as the right to visitation and custody, the obligation to pay child support if applicable to the situation and grants the ability to make decisions regarding the child’s welfare. Secondly, it provides the child with a sense of identity and a connection to their biological father. This knowledge can also be beneficial for medical purposes, as the child may inherit certain medical conditions from their biological father and having a record of the father can be vital in medical emergencies.
How is Paternity Established in Lyon County, Nevada?
In Lyon County, paternity can be established in several ways. The first and most common method is by voluntary acknowledgment. This is when both the mother and father sign a legal document called a “Voluntary Acknowledgment of Paternity” at the hospital or at a later time. This form is then filed with the Nevada State Registrar of Vital Statistics, which establishes the father’s legal rights and responsibilities.
If the mother and father do not agree on paternity, a court can order genetic testing to determine paternity. The court may also order genetic testing if the father denies paternity after signing the voluntary acknowledgment. The court can also order genetic testing if the mother is unsure who the biological father is.
What Happens During Genetic Testing?
Genetic testing is a simple and painless procedure that involves collecting a sample of DNA from both the child and the alleged father. The DNA sample is usually collected using a cheek swab. The samples are then sent to a laboratory for testing.
The test results will show a probability of paternity. If the probability of paternity is 99% or higher, the court will presume the alleged father to be the biological father. If the probability of paternity is less than 99%, the court may order additional testing or dismiss the case.
What Rights and Responsibilities Does the Father Have After Paternity is Established?
Once paternity is established by court order, the father is granted legal rights as the natural father and responsibilities that come along with it. These include:
– The right to visitation and custody of the child
– The obligation to pay child support
– The ability to make decisions regarding the child’s welfare
It is important to note that paternity does not automatically grant the father custody or visitation rights. These rights must be established separately through a court order. Generally, a case that involves the matter of paternity, will also include custody and visitation.
How Does Paternity Affect Child Support?
Once paternity is established, the father may obligated to pay child support. This child support will be calculated using Nevada Revised Statutes Chapter 125B, as well as NAC 425. The father’s income will be used to calculate the specific child support, and the mother’s income will not be considered as a factor. Whether or not child support is paid depends on how physical custody is awarded to the mother and father.
It is important to note that child support is not optional. Failure to pay child support can result in legal consequences, such as wage garnishment, suspension of driver’s license, and even jail time.
Can Paternity be Disestablished?
Paternity can be disestablished in certain circumstances. These include:
– Fraud or misrepresentation
– New evidence showing the father is not the biological father
– The father was under duress or coercion when signing the voluntary acknowledgment
If paternity is disestablished, the father’s legal rights and responsibilities will also be terminated.
Establishing paternity is an important step for both the father and the child. It provides legal rights and responsibilities to the father and a sense of identity and connection to the child. In Lyon County, Nevada, paternity can be established through voluntary acknowledgment or genetic testing.
Establishing Paternity Lyon County Nevada with Justice Law Center
At Justice Law Center we have a team of experienced and knowledgeable Nevada Custody lawyers that have been helping Nevada families for over 25 years. If you need to begin the process of establishing paternity Lyon County, your first step will be to call us today!
Josh Nay is a writer and paralegal with over 10 years of experience in personal injury cases, family law and criminal defense.