Legal Question in Family Law in Nevada

Custody of child born out of wedlock

This is not for me, but I would like to know. If a man and woman have a child together, out of wedlock and after 2 years they split up and share 50/50 custody with the child, no child support including. What are the fathers rights, we are confused looking at NRS 126.031 -- Does he have custodial rights, as a good father that wants to be in his daughter's life. Is it worth fighting for, does he have these rights to fight and keep it at 50%. He is on her birth certificate and carries his last name and she wants him to sign a petition were he gets her 2 weekends a month now and he wants 50% custody. Should we get a lawyer and fight her for this or does she have a lot more rights then he does.

Asked on 12/10/04, 4:32 pm

2 Answers from Attorneys

James Smith James E. Smith Ltd.
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Re: Custody of child born out of wedlock

In Nevada the unmarried father has the same rights and obligations as the married father. If you go to family court the judge will make you go to mandatory mediation with a Court appointed mediator. If this does not work the Court will decide custody, visitation and child support.

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12/10/04, 5:42 pm
Robert Grayson Law Offices of Robert A .Grayson
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Re: Custody of child born out of wedlock

Under Nevada law, the mother of a child born out of wedlock has sole legal and physical custody of the child unless or until a court states otherwise.A Petition to Determine Paternity. Custody, and Visitation can be filed by either parent to grant rights to the natural father. I recommend that this be done to give your son these rights. The larger counties in Nevada have mediation programs to get the parties to agree on custody and visitation, smaller counties do not. It is up to the court (if the parties do not agree) to determine custody based on the particular circumstances of each case. This is a hughly important issue and the advise of a lawyer is essential.

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12/12/04, 1:09 pm

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