Applicability of chapter
This chapter applies to all persons, no matter when born.
Nevada · statute · Nev. Rev. Stat. ch. 126 · 67 active provisions
This chapter applies to all persons, no matter when born.
As used in this chapter, unless the context otherwise requires: 1. “Custodial parent” means the parent of a child born out of wedlock who has been awarded physical custody of the child or, if no award of physical custody has been made by a court, the parent with whom the child resides. 2. “Nonsupporting parent” means t…
1. The liberty interest of a parent in the care, custody and management of the parent’s child is a fundamental right. 2. Nothing in this section shall be construed to: (a) Authorize a parent to engage in any unlawful conduct or to abuse or neglect a child in violation of the laws of this State. (b) Prohibit courts, law…
The parent and child relationship between a child and: 1. A woman may be established by: (a) Except as otherwise provided in NRS 126.710 to 126.810, inclusive, proof of her having given birth to the child; (b) An adjudication of the woman’s maternity pursuant to this chapter, NRS 125B.150 or 130.402 or chapter 432B of…
1. A man is presumed to be the natural father of a child if: (a) He and the child’s natural mother are or have been married to each other and the child is born during the marriage, or within 285 days after the marriage is terminated by death, annulment, declaration of invalidity or divorce, or after a decree of separat…
1. After the expiration of the period described in subsection 2, a declaration for the voluntary acknowledgment of paternity developed by the State Board of Health pursuant to NRS 440.283 or a declaration for the voluntary acknowledgment of parentage developed by the State Board of Health pursuant to NRS 440.285 shall…
1. A child, his or her natural mother, a man presumed or alleged to be his or her father or an interested third party may bring an action pursuant to this chapter to declare the existence or nonexistence of the father and child relationship. 2. If an action under this section is brought before the birth of the child, a…
1. An action brought under this chapter to declare the existence or nonexistence of the father and child relationship is not barred until 3 years after the child reaches the age of majority. 2. This section does not alter the time within which a right of inheritance or a right to a succession may be asserted beyond the…
1. Each district court has jurisdiction of an action brought under this chapter. The action may be joined with: (a) An action for divorce, annulment, separate maintenance or support; or (b) A proceeding held pursuant to chapter 432B of NRS. An action brought under this chapter that is joined with a proceeding held purs…
1. If the court determines that it is necessary for the child to be made a party to the action, the court may make the child a party to the action. If the child is a minor and the court determines that it is necessary to appoint a guardian ad litem to represent the child, the court may appoint a guardian ad litem for t…
Whenever service of process is required in an action brought under this chapter to determine the existence or nonexistence of the paternal relationship, it may be made pursuant to the Nevada Rules of Civil Procedure or by certified mail, restricted delivery, with return receipt requested.
1. The court shall endeavor to resolve the issues raised in an action pursuant to this chapter by an informal hearing. 2. As soon as practicable after an action to declare the existence or nonexistence of the father and child relationship has been brought, an informal hearing must be held. The court may order that the…
1. The court may, and shall upon the motion of a party, order the mother, child, alleged father or any other person so involved to submit to one or more tests for the typing of blood or taking of specimens for genetic identification to be made by a designated person, by qualified physicians or by other qualified person…
1. Evidence relating to paternity may include: (a) Evidence of sexual intercourse between the mother and alleged father at any possible time of conception. (b) An expert’s opinion concerning the statistical probability of the alleged father’s paternity based upon the duration of the mother’s pregnancy. (c) The results…
1. On the basis of the information produced at the pretrial hearing, the judge, judicial officer appointed by a court or referee conducting the hearing shall evaluate the probability of determining the existence or nonexistence of the father and child relationship in a trial and whether a judicial declaration of the re…
After an action is set for trial pursuant to NRS 126.141, the judge, judicial officer appointed by a court or referee shall, upon the motion of a party, issue an order providing for the temporary support of the child pending the resolution of the trial if the judge, judicial officer or referee determines that there is…
1. An action under this chapter is a civil action governed by the Nevada Rules of Civil Procedure. The mother of the child and the alleged father are competent to testify and may be compelled to testify. Subsections 3 and 4 of NRS 126.111 and NRS 126.121 and 126.131 apply. 2. In an action against an alleged father, evi…
1. A judgment or order of a court, or a judgment or order entered pursuant to an expedited process, determining the existence or nonexistence of the relationship of parent and child is determinative for all purposes. 2. If such a judgment or order of this State is at variance with the child’s birth certificate, the jud…
1. A court that, on or after October 1, 1998, issues an order in this State establishing the paternity of a child shall: (a) Obtain and provide to the Division of Social Services of the Department of Human Services such information regarding the order as the Division of Social Services determines is necessary to carry…
The court may order reasonable fees of counsel, experts and the child’s guardian ad litem, and other costs of the action and pretrial proceedings, including blood tests or tests for genetic identification, to be paid by the parties in proportions and at times determined by the court. The court may order the proportion…
1. If the parent and child relationship has been established, the obligation of a parent may be enforced in the same or independent proceedings by the other parent, the child, the public authority that has furnished or may furnish the reasonable expenses of pregnancy, confinement, education, support or funeral, or by a…
Except as otherwise provided in NRS 125B.140 and chapter 130 of NRS, the court has continuing jurisdiction to modify the judgment or order as to custody, visitation or support.
If, after a court issues an order establishing the paternity of a child, a subsequent cause of action between the parties concerning the support of the child is initiated, the requirements for notice and service of process shall be deemed to have been met with respect to a party to the proceeding who cannot be found if…
1. At the pretrial hearing and in further proceedings, any party may be represented by counsel. If a party is financially unable to obtain counsel, the court may appoint counsel to represent that party with respect to the determination of the existence or nonexistence of the parent and child relationship and the duty o…
Any hearing or trial held under this chapter must be held in closed court without admittance of any person other than those necessary to the action or proceeding. All papers and records, other than the final judgment, pertaining to the action or proceeding, whether part of the permanent record of the court or of a file…