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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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My spouse had an affair 1.5 years ago as a child was born from

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My spouse had an affair 1.5 years ago as a child was born from this relationship. 3 months ago is when he told me about this. Since the affair our marriage was becoming what it should be until 3 months ago. Because of our growth and where we are now we continue to work together to save our marriage and our family. At this time we have filled at our local courts for a paternity test. The other couple is going through a divorce and the ex-husband, who isn't the biological father, is fighting for custody. In Nevada is there a time frame that would hinder my husband to claim parental rights of his son? When the child was born his mother and her spouse where presumed to be the legal parents. (He didn't know about the affair until May too.) Does he have any legal aspects in their mistake?
Submitted: 11 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 11 months ago.
Hi,

My name is XXXXX XXXXX X'd be happy to answer your questions today. I'm sorry to hear about this difficult situation.

Nev. Rev. Stat., Section 126.051 provides that a man is presumed to be the father of a child if he is married to the mother. However, that presumption may be rebutted by clear and convincing evidence that another man is the father - which may be done by a DNA test. Section 126.071 allows an interested party to bring an action to establish paternity - that will include a man who believes himself to be the father. The statute of limitations is actually three years after the child turns 18. Section 126.081. Your husband can also seek to intervene in the case where the ex-husband has filed for parental rights, or can file a motion in the court where the paternity case is pending and ask to consolidate the two cases.

If the woman put her husband's name on the birth certificate, a judge can order it changed after it is determined that he is not the biological father. It is a crime for her to put false information on the birth certificate.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 19513
Experience: Attorney with experience in family law.
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