A mother always knows she gave birth and that her son or daughter is her child. However, a man may believe that he is the father, but cannot know for certain unless paternity is established. Nevada allows paternity to be established several ways. Nevada Revised Statute 126.051 states:
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
separation is entered by a court.
(b) He and the child’s
natural mother were cohabiting for at least 6 months before the period of conception
and continued to cohabit through the period of conception.
(c) Before the child’s
birth, he and the child’s natural mother have attempted to marry each
other by a marriage solemnized in apparent compliance with law, although the
attempted marriage is invalid or could be declared invalid, and:
(1) If the attempted
marriage could be declared invalid only by a court, the child is born during
the attempted marriage, or within 285 days after its termination by death,
annulment, declaration of invalidity or divorce; or
(2) If the attempted
marriage is invalid without a court order, the child is born within 285 days after the
termination of cohabitation.
(d) While the child is under
the age of majority, he receives the child into his home and openly holds out
the child as his natural child.
(e) Blood tests or tests for
genetic identification made pursuant to NRS 126.121 show a probability of 99
percent or more that he is the father.
2. A presumption under this
section may be rebutted in an appropriate action only by clear and convincing
evidence. If two or more presumptions arise which conflict with each other, the
presumption which on the facts is founded on the weightier considerations of
policy and logic controls. The presumption is rebutted by a court decree
establishing paternity of the child by another man.
However, unless paternity is established through DNA testing, the father of the child can raise in the future allegations of fraud and seek reimbursement of child support which he has paid. In Love v. Love, 114 Nev. 572, 959 P.2d 523 (1998), the Nevada Supreme Court remanded for further proceeding the issue of whether the mother had committed extrinsic fraud when DNA testing nine years subsequent to the divorce established that the minor child was unrelated to the father. Therefore, simultaneous with obtaining an initial child support order the parties should establish paternity through DNA testing.
Nevada Revised Statute 126.071 states:
NRS 126.071 Who may bring action; when action may be brought. 1. A child, his natural mother, a man presumed or alleged to be his 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.
In addition, Nevada Revised Statute 126.121 states:
Tests for typing of blood or genetic identification; admissibility in court; effect of refusal to submit to test.
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 qualified physicians or other qualified persons, under such restrictions and directions as the court or judge deems proper. Whenever such a test is ordered and made, the results of the test must be received in evidence and must be made available to a judge, master or referee conducting a hearing pursuant to NRS 126.111. Unless a party files a written objection to the result of a test at least 30 days before the hearing at which the result is to be received in evidence, the result is admissible as evidence of paternity without foundational testimony or other proof of authenticity or accuracy. The order for such a test also may direct that the testimony of the experts and of the persons so examined may be taken by deposition or written interrogatories.
2. If any party refuses to submit to or fails to appear for a test ordered pursuant to subsection 1, the court may presume that the result of the test would be adverse to the interests of that party or may enforce its order if the rights of others and the interests of justice so require.
Once DNA testing establishes paternity, the parties can then establish custody, visitation and child support. While a paternity test is pending many courts will establish temporary custody, visitation and child support orders.