Family Law Questions? Ask a Family Lawyer Online.
Yes to all questions
As of yesterday, I received results for a mail order DNA test that is not admissible in court. I'm absolutely willing to conduct a test that would be admissible in court. She and I have already filed electronically, and as of this evening, I'm supposed to finish filing the final forms to complete the process. Unfortunately, in these current documents, my 4 year old is listed as my legal son. My question is should I amend the current documents and submit a legal paternity DNA test, or is it possible to withdraw these documents and refile without the 4 year old in the documents.
NRS 126.051Presumptions of paternity.
1. A man is presumed to be the natural father of a child if:
(a) He and the child’s natural mother are or have been married to each other and the child is born during the marriage, or within 285 days after the marriage is terminated by death, annulment, declaration of invalidity or divorce, or after a decree of separation is entered by a court.
(b) He and the child’s natural mother were cohabiting for at least 6 months before the period of conception and continued to cohabit through the period of conception.
(c) Before the child’s birth, he and the child’s natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is invalid or could be declared invalid, and:
(1) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 285 days after its termination by death, annulment, declaration of invalidity or divorce; or
(2) If the attempted marriage is invalid without a court order, the child is born within 285 days after the termination of cohabitation.
(d) While the child is under the age of majority, he receives the child into his home and openly holds out the child as his natural child.
2. A conclusive presumption that a man is the natural father of a child is established if tests for the typing of blood or tests for genetic identification made pursuant to NRS 126.121 show a probability of 99 percent or more that he is the father except that the presumption may be rebutted if he establishes that he has an identical sibling who may be the father.
3. A presumption under subsection 1 may be rebutted in an appropriate action only by clear and convincing evidence. If two or more presumptions arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing paternity of the child by another man.
(Added to NRS by 1979, 1270; A 1983, 1868; 1995, 732, 2416; 1997, 2304; 2007, 1523)
NRS 126.053Voluntary acknowledgment of paternity.
1. After the expiration of the period described in subsection 2, a declaration for the voluntary acknowledgment of paternity developed by the State Board of Health pursuant to NRS 440.283 shall be deemed to have the same effect as a judgment or order of a court determining the existence of the relationship of parent and child if the declaration is signed in this or any other state by the mother and father of the child. A declaration for the voluntary acknowledgment of paternity that is signed pursuant to this subsection is not required to be ratified by a court of this State before the declaration is deemed to have the same effect as a judgment or order of a court determining the existence of the relationship of parent and child.
2. A person who signs an acknowledgment of paternity in this State may rescind the acknowledgment:
(a) Within 60 days after the acknowledgment is signed by both persons; or
(b) Before the date on which an administrative or judicial proceeding relating to the child begins if that person is a party to the proceeding,
Ê whichever occurs earlier.
3. After the expiration of the period during which an acknowledgment may be rescinded pursuant to subsection 2, the acknowledgment may not be challenged except upon the grounds of fraud, duress or material mistake of fact. The burden of proof is on the person challenging the acknowledgment to establish that the acknowledgment was signed because of fraud, duress or material mistake of fact.
4. Except upon a showing of good cause, a person’s obligation for the support of a child must not be suspended during a hearing to challenge a voluntary acknowledgment of paternity.
(Added to NRS by 1997, 2301; A 2007, 1524)
Not sure if the site timed out but if I can convince her to refile the paperwork without the 4 year old mentioned, is that a possibility since we have not finalized it?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).