Beware of the Bootie Call...... Child Support in Nevada

This part of family law baffles the mind. There is a presumption under the law, in other words it is assumed, that if you are married when a child is born then the married couple are Mom and Dad. In the middle of such an awe-inspired moment as the cigars are being passed and the flowers and teddy bears are delivered..... stop...... ask for a paternity test. Okay, okay, it may not seem convenient or right or even possible to ruin such a moment BUT if you don't then here is your problem.......

In Nevada, paternity is assumed if:

You were still married within 285 days of the babies birth;
You cohabitated (lived together) for the six months before the conception of the baby;
You allow the child to live with you and hold them out as your child to others;
You attempt to marry the pregnant woman.

The kicker (no pun intended) is that if you accept responsibility for the child, the Nevada courts no longer are concerned whether you are actually the biological parent for purposes of paying child support. In 1975, a divorce was granted for Alice and Melvin Harris. Melvin thought the child born of the marriage was his. Little Ahmad Jamale Harris was, in fact, not his. The divorce required that Melvin pay child support and that he have visitation rights. Alice went back to the Court and asked them to reverse the decree because Ahmad was NOT Melvin's child. The Court decided that once the decree had been granted, the matter was closed (in legal terms, res judicata). Melvin was ordered to pay support and Alice had to give him visitation over a child that wasn't his.

The Court still prefers "any" parent compared to "no" parent. The best interests of the child in Nevada is a child with parents and support. Therefore, whoever assumes the role, gets to take it unless there is a better offer...