Re: Child Suport/Visitation

I would need to see the waiver to give you better advice. You may have a defense to child support including denial of visitation. This is something that more facts would be needed and documents would need to be removed.

If there is no court order for support, she can only go back four years, if that makes you feel better.

Re: Child Suport/Visitation

It depends on what you signed. If you signed a termination of parental rights then you should argue that there should no child support. In paternity cases, the court can go back 4 years for support.

Re: Child Suport/Visitation

You and your spouse cannot voluntarily terminate your parental rights by signing something between yourselves. A court must order this and typically the court will not grant it absent very compelling circumstances such as abuse of the child. Parties typically try to do what you did to evade child support and the courts usually will not enforce such agreements.

If you want to be a part of the child's life, you could petition the court for visitation.

In Nevada, you can only be sued for up to four years in back child support if there was no order in place. If there was an order, I believe the statute of limitations for enforcing a judgment is six years.

Contact me if you would like anything further.

Re: Child Suport/Visitation

Under Nevada law parents are not able to rescind their parental rights in a signed agreement absent extraordinary circumstances. This is to prevent parents from evading important oblgiations such as child support or alimony, etc.

In your case, your agreement would not prevent the child's mother from seeking child support from you. However, she would only be able to seek arrearages for a period up to 4 years.

An interesting note in your inquiry was that the mother would offer you visitation and then deny your visits. A refusal of the mother to allow you to see the child may be a defense in court to her request for child support.

I would recommend you seek formal legal representation as you would probably like to formally petition the court for an order of visitation or even for primary custody.

Contact my office if you'd like to schedule a consultation regarding your matter.

Best Regards,

Jim Herbe