This is not an easy “yes” or “no” answer and anyone who has a child out of wedlock should consult an attorney as soon as possible. Below are a number of reasons why the question is hard to answer:
- · At birth, it is clear who the mother is, but the father may not be clear.
- · If a man knows himself to be the father, he can voluntarily establish his paternity by signing a “declaration of paternity”.
- · If a father does not declare his paternity, he may actually be the father, but no one can be sure until he establishes it via court order.
- · However, if the father was married to the mother either during the pregnancy, or shortly thereafter, his paternity is presumed.
- · Now, if the father asserted his paternity or his paternity is presumed, then the father has equal rights to the mother until a court order says otherwise.
- · However, if the father has not asserted his rights by signing a declaration of paternity at the time of birth, or marrying the mother, or getting a court order establishing paternity, then he is not a “parent” under the law and he cannot assert his parental privileges.
- · If the father did not assert his paternity, then the mother has primary physical custody by operation of law—and the mother can pretty much do what she wants as far as raising the child until a court order says otherwise (including moving out of state, etc.)
- · If, however, the father established his paternity, even if the mother gets primary custody, the mother is restricted from violating the father’s rights and cannot do as she wants without risking punishment from the courts.
We have assisted both mothers and fathers with regard to child custody, child support, visitation, and relocation and can assess your case during an inexpensive half our consultation, which may lead to hiring our services.
Child custody in Las Vegas and child support in Las Vegas
We help with child support in Las Vegas and Henderson.
We help with child support law in Las Vegas and Henderson.
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