Birth parent rights are an important issue for parents throughout Nevada. Birth parents of all genders have important rights in the State of Nevada. Some of these rights are automatic. Other rights you may exercise only by taking action in court. Here are 10 birth parent rights in Nevada from our Las Vegas family law attorneys.
You Have the Right to Primary Care and Custody of Your Child
As the birth parent of a child, you have the right to the primary care and custody of your child. Nevada law presumes that children are best off in the care of their natural parents. Under most circumstances, a third party, whether they are a grandparent or any other adult, can’t come in and try and convince the court that they should have care and control of the child. You’re the birth parent, and you have the right to parent your child unless you’re proven unfit. If you’re a birth father, you must take steps to exercise your rights.
You Enjoy the Presumption of Joint Legal Custody
Nevada law has a presumption of joint legal custody. Nevada law 125C.002 says that the court must assume that a parent should share legal custody if they want to have a meaningful relationship with the child. Legal custody is a share in the decision-making process for the child. From making school decisions for the child to selecting extracurricular activities, a parent with joint legal custody has the right to an equal part in making decisions about the child’s upbringing.
You May Ask the Court to Order Physical Custody
Birth parents in Nevada have the right to request a custody order from the court. The court considers all of the factors and the best interests of the child. Even though there’s no guarantee that the court is going to order equal parenting time, the court is going to fashion a parenting time order that helps the child have a meaningful relationship with each parent.
You Have the Right to a Custody Determination Without a Gender Preference
Nevada law rejects a gender preference in custody determinations. The court won’t order custody for a child on the basis of the gender of a parent. There’s also no assumption that a child should live with the same-gendered parent. Nevada law 125C.0035 prohibits the court from using gender as a reason to award custody or parenting time to either parent.
The Other Parent Must Give You Education and Extracurricular Information About the Child
Each parent with joint legal custody has the right to basic information about the child. As a birth parent, you have the right to know where your child goes to school. You have the right to know what activities they’re involved in and when the events are.
Birth parents have the right to attend their child’s activities even if the event falls on the other parent’s court-ordered parenting time. Enforcing a birth parent’s rights to education and extracurricular information requires establishing custody and may also require taking steps to enforce the court’s custody order.
It’s up to You to Decide What Third Parties Have Access to Your Child
Birth parents are allowed to choose who they allow to spend time with their child. Grandparents only have rights in limited circumstances. If a birth parent doesn’t want someone to be around their child, that’s their right. You decide whether and how often others see your child.
The Address and Phone Number Where Your Child Resides
The other parent must give you the address and phone number where the child is living. If they move or change their phone number, they must provide you the new information within five days. Birth parents have a right to know where their child lives and how to contact them.
You Have the Right to Parent Without Interference From the Other Parent
A birth parent that has been granted parenting time has the right to exercise their parenting time without interference by the other parent. Neither parent may alienate the child from their relationship with the other parent.
If the other parent tries to interfere with your parenting time or your relationship with your child, you may take the matter to court to enforce your rights. You must have a custody order in place to ask the court for enforcement.
You Have the Right to Enforcement of Court Orders
You have the right to enforcement of any court order that’s in place for your child. You have the right to enforcement of any terms of your court order. If you’re accused of violating a court order, you have the right to present evidence and make arguments to the court before the judge enters a ruling.
You Can Only Lose Your Parental Rights If You’re Proven Unfit or You Agree to Relinquish Your Rights
As a birth parent, you have the right to be a parent. You only lose that right if you voluntarily relinquish it or if you’re proven unfit. Nevada law strongly supports the rights of birth parents. However, you may need to take active steps to exercise and enforce your rights by filing a custody or paternity action.
Is Nevada a Father State?
Yes, Nevada is a father state to the extent that fathers have the right to be a parent. Each parent has the right to legal custody of their child unless they’re proven unfit. To exercise his rights, a birth father must officially establish paternity. Once they establish paternity, a father automatically gets legal custody, and they may ask the court to make a parenting time order that’s in the best interests of the child.
Is There a Presumption of Joint Legal Custody in Nevada?
No, there is no presumption of joint legal custody in Nevada. Some judges believe in joint custody and believe it’s usually best for children. Other judges don’t start with any assumptions at all about what’s best for the child. An experienced Las Vegas custody lawyer can help you strategize to determine what evidence the judge wants to see in your case to make the right decision.
Las Vegas Attorneys for Family Law
Do you want to exercise your birth parents rights? Our Las Vegas attorneys for birth parents rights can help. Call us today for a free consultation about your case.