Child custody is the legal term for a parent’s right to make decisions about their child. In many situations, if the child’s parents are not married, the court will order an arrangement that outlines which parent will be responsible for making decisions regarding the child, for example, where they will live.
Parents who are given the bulk of the rights over a child, as well as who the child will be living with the majority of the time, are referred to as custodial parents. These are the parents who oversee the day-to-day decisions related to the child in addition to their:
- Religion
- Healthcare
- Education
- Other issues that are usually decided by the primary caretaker of a child
The other parent, or the parent who is not the custodial parent, is referred to as the noncustodial parent. This is the individual who receives visitation rights and may have to pay child support to the custodial parent.
In Nevada, once the father has established paternity, the courts prefer that parents have joint custody of their children, regardless of whether they were ever married. Before the father establishes paternity, the mother will have the right to care for the child and make decisions for the child.
An unmarried father can acknowledge or establish paternity and obtain legal rights related to his child by putting his name on the child’s birth certificate or by completing a voluntary acknowledgement of paternity.
The voluntary acknowledgment of paternity form may be completed by the parents at any time at no cost. Once the form is completed, it must be submitted to the appropriate Nevada agency, and the father’s name will be added to the birth certificate.
Once paternity is established, any dispute that involves child support or custody will be handled by a court as if the parents were married. Courts will provide custody orders that try to preserve the child’s relationship with both of their parents, even if the mother prefers the father not to have parenting time.
When a court makes decisions regarding children, it will follow the child’s best interest standard. This standard requires the court to make decisions based on what is best for the child and not what the parents prefer.
Can an Unmarried Father Take a Child from the Mother?
In the State of Nevada, similar to most other states, an unmarried biological father’s rights will vary depending on their legal classification, which may be:
- Presumed father: A father can be presumed based on specific facts, such as:
- The child was born during or shortly after the presumed parents’ divorce
- In these situations, the husband of the marriage will be considered the father
- The father voluntarily acknowledged paternity
- The father openly treats the child as though it is his
- Putative father: This is a father whose paternity has not been legally established
- Unmarried father: This is a biological father who was not married at the time the child was born.
When an unmarried father establishes paternity, they will have all of the legal obligations for caring for their child, which can include paying child support. If there are any questions about a Nevada individual’s status as a parent, they should consult with a local attorney in Nevada for a legal consultation.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
Different states may have different child custody laws for unmarried parents that will apply when there is a custody battle between unmarried parents. This means that it is very important for an individual to consult with a Nevada attorney to determine exactly what laws will apply.
Many courts will order that the parents have joint custody or shared custody. This means they share custody of their child equally.
If this does not occur, one parent will be named the custodial parent and one will be named the noncustodial parent. Noncustodial parents are typically given at least some visitation rights by a court.
If a paternity issue arises related to custody or other matters, a parent can request that the paternity of the father be established. This only has to be done if the father’s name was not on the birth certificate or if they did not sign a voluntary acknowledgement of paternity. Paternity is often determined using a DNA test.
Once an unmarried father has established their paternity, they will have the same legal rights as if they were married. If the child’s parents are able to agree, they can avoid custody battles by drafting their own agreement and seeking court approval.
When making any child custody decision, including approving a child custody agreement, the court will still follow the child’s best interest standard. Both parents should have lawyers throughout a custody case, including when drafting a custody agreement.
Lawyers can help parents ensure they know the consequences of the choices they make in their agreement. Also, lawyers will help protect the parent’s rights and provide perspective on how the court will follow the child’s best interests standard.
What Are Some Other Issues That Unmarried Parents May Experience?
Unmarried parents may also have to handle other issues related to custody. One is when they file their taxes, only one of the parents can claim the child each year.
This issue can be addressed in the custody agreement, such as each parent alternating years they claim the child. If this is not addressed, the court may make a decision for the parents and include it in the custody order.
Child support is often a major issue for unmarried parents in child custody cases. Custodial parents are entitled to monetary support from noncustodial parents in order to help care for their children.
Jurisdiction, or which court will handle a custody issue, is another hurdle unmarried parents may face if they are living in different states. Pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the child’s home state will be the court that has jurisdiction over any custody-related issues.
Do I Need an Attorney for Help with Child Custody Issues Between Unmarried Parents?
If you or your child are living in Nevada and have any issues, questions, or concerns about child custody, you should consult with a Nevada child custody lawyer as soon as you can. Keep in mind that the court will always consider the best interests of your child above any other issues, including your wishes and preferences.
Your child custody lawyer can provide you with an understanding of which Nevada laws will apply in your case, how you can protect the rights of yourself and your child, and what legal strategies can be used to help you reach an agreement with your child’s other parent.
LegalMatch gives you access to a large database of licensed and pre-screened lawyers who are ready to help with your Nevada custody issue. Simply submit your question on the LegalMatch website at no charge, and within about 24 hours, you will receive responses from lawyers who can help you with your concerns.
Having a lawyer is an essential step, as it will help alleviate some of the stress related to handling such an important issue in your life.
