Paternity refers to fatherhood. An action to establish paternity is a court proceeding to determine the legal father of a child. In Nevada, complex state laws govern paternity and paternity matters.
If you face a paternity issue, The Gersten Law Firm can help. Attorney Joseph Gersten has the skill, experience, and compassion to navigate through any paternity matter. There never is a fee for your first consultation.
Paternity substantially affects the legal rights and obligations of the father and mother of a child, as well as the parents’ ability to enjoy a relationship with the child. For a child, the benefits of paternity include:
For the father of a child, paternity imposes a legal obligation to support the child, as well as the ability to seek visitation and custody rights.
Under Nevada law, there are several ways to establish paternity.
For a woman unmarried at the time of conception of birth, paternity can be established if:
If a man does not voluntarily acknowledge paternity of a child, the mother, child, or an interested party can file a court action asking the court to declare paternity. A Nevada court may also determine paternity as part of an action for divorce, annulment, or child support.
If a person files a paternity action before the birth of the child, the court will place the action on hold until after the birth. The right to file a paternity action exists until the child is twenty-one (21) years of age.
If the mother or another person files a paternity action in court, the judge considers all the evidence and may order genetic testing to determine paternity. The court usually presumes paternity in the following circumstances:
In a court action, the alleged father can rebut any evidence or presumption of paternity. Sometimes, experts offer opinions on behalf of one or both of the parties to the action.
If someone files a paternity action against you, or if a paternity claim arises in a divorce or other action, a court determination that you fathered a child triggers significant legal obligations. Depending on the nature of the action, the court order may require you to pay child support, determine your visitation and custody rights, or address other aspects of your relationship with the child.
A paternity court proceeding includes a pre-trial hearing, a trial before the judge, and a final order from the court. You have the right to appeal the court’s decision within thirty (30) days of the date of the order.
In Clark County, the District Attorney’s Office usually represents the person who files the paternity action. To defend against the claim, you need by an experienced paternity lawyer. Your lawyer can produce evidence to rebut any presumptions that arise and protect your interests regarding requests for court decisions on support, custody, or visitation matters.
Attempting to represent yourself in a paternity action is not a good idea. Paternity laws and court rules and processes are complex. Because you do not have knowledge of applicable laws or familiarity with the court’s rules and processes, you are not likely to defend successfully against the claim without a lawyer.
If you face a paternity claim in Las Vegas, Henderson, or elsewhere in Clark County, Las Vegas paternity attorney Joseph Gersten can help. Attorney Gersten approaches all family law matters with sensitivity and compassion. He understands the difficulty and emotional stress that accompany paternity issues. Most importantly, he aggressively protects your rights and interests.
Your initial consultation is always free-of-charge. Call 702.857.8777 or complete our online form to schedule an appointment.