Establish Birth Father Rights With Guardianship Lawyers Near Me
When you’re married to a woman and she gives birth to your child, your name goes on the birth certificate as the legal father. The process doesn’t go as smoothly if you are an unmarried couple. Even if she says you are the father, she may put another man’s name on the birth certificate or leave it blank. As a birth father living in or around Las Vegas, you have specific rights. See what rights you deserve before you start looking for guardianship lawyers near me.
Find Guardianship Lawyers Near Me to Establish Paternity
Despite the rights given to you as a birth father, the law only recognizes you as the father after you establish paternity. If you are still together or you’re in the hospital when she gives birth, ask her to put your name on the birth certificate. Las Vegas also offers a Voluntary Acknowledgment of Paternity, which is a legal form that both you and the mother must sign. You’ll then file it with the Bureau of Health Planning & Statistics, which is a division of the Office of Vital Records. A Las Vegas court may also recognize you as the birth father because you and the mother lived together for six months or longer before the child’s birth.
What if You Skip This Step?
If you do not have confirmation that you’re the birth father, you’ll need to petition the court. The same probate Las Vegas courts that handle probate cases often handle paternity cases. You and your lawyer will go before the court and ask the judge to name you the birth father. This usually requires a DNA test that compares you and the child. A judge may ask for a DNA test if you aren’t sure you’re the father or the mother names another man. The test will prove paternity and can help you add your name to the birth certificate. You have the right to establish paternity at any point before the child turns 21.
Physical Custody Rights
Birth fathers in Las Vegas have custody rights. The court often hopes to establish split legal and physical custody between both parents. Physical custody refers to where the child spends most of their time. You have joint physical custody with the other parent if either of you has the child for 40% of the time. The custodial parent spends more time with the child and may request child support. A judge may order you to pay child support of a certain amount after looking at your income. If you fail to pay the agreement, your case goes to the Child Support Office. That office can garnish your wages, take your tax refund, and use other steps to force you to pay.
Legal Custody Rights
Legal custody is different because it refers to how parents can make decisions about the child’s welfare. You may not think that legal custody matters until your former partner makes decisions without your input. You have the right to decide on your child’s education such as where they go to school and the classes they take. Religious choice comes into play as well, especially if you and the other parent have different views on religion. Legal custody also gives birth parents the legal right to make medical decisions for their children.
Visitation vs. Custody
It’s rare for birth fathers to get primary custody of their children. Courts only offer joint custody agreements if the child would benefit from splitting their time between both parents. The mother may ask the court to give you visitation rather than joint or partial custody. A visitation plan establishes how often you can see and spend time with your child. You might see your child once a week or more for a few hours at a time or have them on weekends. Las Vegas courts can deny visitation if the noncustodial parent was guilty of abuse, committed domestic violence, or raped the birth mother.
Child Support Orders
As an established birth father, the custodial parent has the right to ask the court for a child support order. All the money paid goes to the support of the child. The custodial parent can use the money to pay their rent or mortgage as it provides the child with a safe home. They also have the right to use the funds to pay for clothing and anything else the child needs. Looking for guardianship lawyers near me is a good way to find someone who can help you establish a new support order or adjust an existing order.
Why Should You Look for Guardianship Lawyers Near Me?
Finding the right firm helps you find an estate planning attorney in Las Vegas to plan for the future. Whether you see your child regularly or less often, you want to draft a will that names them as one of your beneficiaries. You should also look for guardianship lawyers near me because they can help you understand the rights given to birth fathers and ensure you get those rights. While you have an easier time establishing paternity when you were legally married to the mother, it’s not as easy if you dated or broke up before the child’s birth.
There are many situations where you need a lawyer by your side. One example is when the mother denies your paternity and claims that another man is the father. Another example is if the mother wants to move to another state and deny visitation. She may even attempt to come after some of your property with claims that you should sell your home and use the money to support the child. An asset protection lawyer will show you how to help your child without giving in to her demands.
Get Birth Father Rights in Las Vegas
In Las Vegas, a man is the legal father of a child born to the mother during their marriage or within 285 days of their divorce. The legal father is the one named on the birth certificate and is responsible for paying child support. A birth father can also be someone who lived with the mother before the child’s birth or a man who takes a blood test to prove they’re biologically related. If you shared a child with someone who tries to deny any of your rights, look for guardianship lawyers near me. The right lawyer can help with everything from establishing paternity to creating custody and support orders, all of which are rights given to birth fathers in Las Vegas.
