Legal Question in Family Law in Nevada
My rights as a Father
The mother of my 2 year old daughter informed me that she is getting married on May 11th. She has also informed me that her husband to be is going to ''adopt'' my daughter. When my daughter was born, I didn't even know she was alive until she was 3 months old. Her mother then took me to court for child support. At the time my name was not on the birth certificate. I had to fight her in court to have my name put on the birth certificate. I have been paying regularly 300.00 a month to the Washoe County DA for child support part of which goes to arrears. I want to do the right thing, but now everytime I try to call to talk to my daughter her mother says she's ''not there'' and when I ask her where she is she says she's ''lost''. I want to fully pay for my daughter for anything she might need and I want to be a part of her life. The sad other side is my ''parents'' are taking up with her saying I haven't tried to be a part of her life. I feel out here all by myself and am afraid I will lose her forever if I don't do something. I have written to the DA advising them of everything that has been taking place. Any advice from you would be helpful.
1 Answer from Attorneys
Re: My rights as a Father
Nevada law does not give any rights to a father of a child born out of wedlock unless there is a court order for custody and visitation. You can petition the court for such an order. A child support action by the DA can only address paternity and support, so custody and visitation must be addressed in a separate action. Her husband cannot adopt the child without either your consent or a court order terminating your parental rights. If you are paying child support and attempting visitation, it is unlikely that a court would terminate your parental rights. I recommend that you document your visitation requests--copies of letters (from you or your attorney), phone logs, etc. for a defense against a petition to terminate parental rights. If you file a petition to determine visitation, most likely the issue would be referred to mediation. Unless you present a danger to the child, it will be presumed that you are entitled to visitation. From the amount of child support, I suspect that you have a gross monthly income of about $1500, leaving little left for attorney's fees and costs. Check with Muriel Skelly, the court facilitator in the Washoe County Courthouse. She may be able to assist you in preparing and filing the necessary papers.
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