Legal Question in Family Law in Nevada
My husband and I have been separated for 3 weeks and about to start divorce proceedings. I found out I was pregnant last week. My husband does not want the child and has no interest in being a part of the child's life. I would like him to relinquish his parental rights to this child and he is in agreement. I do not want the child support. I am not on welfare and I would like to move out of state after the divorce. We do not have any other children together. My husband was also physically and emotionally abusive. We both want the divorce and so far are on amicable terms. Him not being part of the child's life is mutual but, I would like his rights to be legally terminated so he can't change his mind and cause trouble later. Is this possible if we are both in agreement and how would we go about it?
2 Answers from Attorneys
There is a legal presumption that he is the father since the child was born within 285 days of the divorce. 285 days means if you were divorced today, your baby has to be born in August 2011. I would not name him as the father on the birth certificate and you can petition to have his "putative" rights terminated since he has no rights if you get a divorce before the child is born.
You would have to wait until your child is born to terminate the rights. If you would like an appointment, you may email me at [email protected]
Yes, he can terminate his rights when you are both in agreement but it is advised that you both have legal counsel during the process to ensure no mistake is made that could later affect your rights.
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