2005 Nevada Revised Statutes - Chapter 126 — Parentage

CHAPTER 126 - PARENTAGE

GENERAL PROVISIONS

NRS 126.011 Applicabilityof chapter.

NRS 126.021 Definitions.

NRS 126.031 Relationshipof parent and child not dependent on marriage; primary physical custody ofchild born out of wedlock.

NRS 126.041 Establishmentof relationship.

SURROGACY AGREEMENTS

NRS 126.045 Contractrequirements; treatment of intended parents as natural parents; unlawful acts.

PATERNITY GENERALLY

NRS 126.051 Presumptionsof paternity.

NRS 126.053 Voluntaryacknowledgment of paternity.

NRS 126.061 Artificialinsemination.

ACTION TO DETERMINE PATERNITY

NRS 126.071 Whomay bring action; when action may be brought.

NRS 126.081 Periodof limitations.

NRS 126.091 Jurisdiction;venue.

NRS 126.101 Parties.

NRS 126.105 Serviceof process.

NRS 126.111 Pretrialhearing; testimony.

NRS 126.121 Testsfor typing of blood or genetic identification; admissibility in court; effectof refusal to submit to test.

NRS 126.131 Evidencerelating to paternity; evidence of costs of certain medical services.

NRS 126.141 Pretrialrecommendations.

NRS 126.143 Orderfor temporary support of child.

NRS 126.151 Trial:Applicability of Nevada Rules of Civil Procedure; admissibility of evidence ofother sexual contact; without jury.

NRS 126.161 Contentsand effect of judgment or order.

NRS 126.163 Orderissued on or after October 1, 1998: Provision of information by court andparties to action; regulations.

NRS 126.171 Costs.

NRS 126.181 Enforcementof judgment or order.

NRS 126.191 Modificationof judgment or order.

NRS 126.193 Causeof action subsequent to issuance of order: Notice and service of process.

NRS 126.201 Rightto counsel; appointment of counsel by court; free transcript on appeal.

NRS 126.211 Hearingsand records: Confidentiality.

NRS 126.221 Substitutionof certificate of birth.

NRS 126.223 Entryof default upon failure to plead or defend in action.

ACTION TO DETERMINE MATERNITY

NRS 126.231 Whomay bring action; provisions of chapter applicable to action.

PROCEEDINGS TO COMPEL SUPPORT

NRS 126.291 Proceedingsnot exclusive; fees.

NRS 126.295 Formof complaint; verification.

NRS 126.301 Absenceof defendant.

NRS 126.311 Effectof death, absence or insanity of plaintiff.

NRS 126.321 Effectof death of defendant.

NRS 126.331 Paymentto trustee.

MISCELLANEOUS PROVISIONS

NRS 126.371 Promiseto furnish support for child: Enforcement; confidentiality.

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GENERAL PROVISIONS

NRS 126.011 Applicabilityof chapter. This chapter applies to allpersons, no matter when born.

(Added to NRS by 1979, 1269)

NRS 126.021 Definitions. As used in this chapter, unless the context otherwiserequires:

1. Custodial parent means the parent of a child bornout of wedlock who has been awarded physical custody of the child or, if noaward of physical custody has been made by a court, the parent with whom thechild resides.

2. Nonsupporting parent means the parent of a childborn out of wedlock who has failed to provide an equitable share of his childsnecessary maintenance, education and support.

3. Parent and child relationship means the legalrelationship existing between a child and his natural or adoptive parentsincident to which the law confers or imposes rights, privileges, duties andobligations. It includes the mother and child relationship and the father andchild relationship.

(Added to NRS by 1979, 1269; A 1983, 1867)

NRS 126.031 Relationshipof parent and child not dependent on marriage; primary physical custody ofchild born out of wedlock.

1. The parent and child relationship extends equallyto every child and to every parent, regardless of the marital status of theparents.

2. Except as otherwise provided in a court order forthe custody of a child:

(a) Except as otherwise provided in paragraph (b), themother of a child born out of wedlock has primary physical custody of the childif:

(1) The mother has not married the father of thechild; and

(2) A judgment or order of a court, or ajudgment or order entered pursuant to an expedited process, determining the paternity of the child has not been entered.

(b) The father of a child born out of wedlock hasprimary physical custody of the child if:

(1) The mother has abandoned the child to thecustody of the father; and

(2) The father has provided sole care andcustody of the child in her absence.

3. For the purposes of this section, abandoned meansfailed, for a continuous period of not less than 6 weeks, to providesubstantial personal and economic support.

4. As used in this section, expedited process hasthe meaning ascribed to it in NRS 126.161.

(Added to NRS by 1979, 1270; A 1993, 1425; 1997,2303)

NRS 126.041 Establishmentof relationship. The parent and child relationshipbetween a child and:

1. The natural mother may be established by proof ofher having given birth to the child, or under this chapter, or NRS 125B.150 or 130.701.

2. The natural father may be established under thischapter, or NRS 125B.150, 130.701 or 425.382 to 425.3852, inclusive.

3. An adoptive parent may be established by proof ofadoption.

(Added to NRS by 1979, 1270; A 1983, 1867; 1997,2303; 1999, 3570)

SURROGACY AGREEMENTS

NRS 126.045 Contractrequirements; treatment of intended parents as natural parents; unlawful acts.

1. Two persons whose marriage is valid under chapter 122 of NRS may enter into a contract witha surrogate for assisted conception. Any such contract must contain provisionswhich specify the respective rights of each party, including:

(a) Parentage of the child;

(b) Custody of the child in the event of a change ofcircumstances; and

(c) The respective responsibilities and liabilities ofthe contracting parties.

2. A person identified as an intended parent in acontract described in subsection 1 must be treated in law as a natural parentunder all circumstances.

3. It is unlawful to pay or offer to pay money or anythingof value to the surrogate except for the medical and necessary living expensesrelated to the birth of the child as specified in the contract.

4. As used in this section, unless the contextotherwise requires:

(a) Assisted conception means a pregnancy resultingwhen an egg and sperm from the intended parents are placed in a surrogatethrough the intervention of medical technology.

(b) Intended parents means a man and woman, marriedto each other, who enter into an agreement providing that they will be theparents of a child born to a surrogate through assisted conception.

(c) Surrogate means an adult woman who enters into anagreement to bear a child conceived through assisted conception for theintended parents.

(Added to NRS by 1993, 2050; A 1995, 1075)

PATERNITY GENERALLY

NRS 126.051 Presumptionsof paternity.

1. A man is presumed to be the natural father of achild if:

(a) He and the childs natural mother are or have beenmarried to each other and the child is born during the marriage, or within 285days after the marriage is terminated by death, annulment, declaration ofinvalidity or divorce, or after a decree of separation is entered by a court.

(b) He and the childs natural mother were cohabitingfor at least 6 months before the period of conception and continued to cohabitthrough the period of conception.

(c) Before the childs birth, he and the childsnatural mother have attempted to marry each other by a marriage solemnized inapparent compliance with law, although the attempted marriage is invalid orcould be declared invalid, and:

(1) If the attempted marriage could be declaredinvalid only by a court, the child is born during the attempted marriage, orwithin 285 days after its termination by death, annulment, declaration ofinvalidity or divorce; or

(2) If the attempted marriage is invalid withouta court order, the child is born within 285 days after the termination ofcohabitation.

(d) While the child is under the age of majority, hereceives the child into his home and openly holds out the child as his naturalchild.

(e) Blood tests or tests for genetic identificationmade pursuant to NRS 126.121 show aprobability of 99 percent or more that he is the father.

2. A presumption under this section may be rebutted inan appropriate action only by clear and convincing evidence. If two or morepresumptions arise which conflict with each other, the presumption which on thefacts is founded on the weightier considerations of policy and logic controls.The presumption is rebutted by a court decree establishing paternity of thechild by another man.

(Added to NRS by 1979, 1270; A 1983, 1868; 1995, 732,2416; 1997, 2304)

NRS 126.053 Voluntaryacknowledgment of paternity.

1. After the expiration of the period described insubsection 2, an affidavit for the voluntary acknowledgment of paternitydeveloped by the State Board of Health pursuant to NRS 440.283 shall be deemed to have thesame effect as a judgment or order of a court determining the existence of therelationship of parent and child if the affidavit is signed in this or anyother state by the mother and father of the child. An affidavit for thevoluntary acknowledgment of paternity that is signed pursuant to thissubsection is not required to be ratified by a court of this state before theaffidavit is deemed to have the same effect as a judgment or order of a courtdetermining the existence of the relationship of parent and child.

2. A person who signs an acknowledgment of paternityin this state may rescind the acknowledgment:

(a) Within 60 days after the acknowledgment is signedby both persons; or

(b) Before the date on which an administrative orjudicial proceeding relating to the child begins if that person is a party tothe proceeding,

whicheveroccurs earlier.

3. After the expiration of the period during which anacknowledgment may be rescinded pursuant to subsection 2, the acknowledgmentmay not be challenged except upon the grounds of fraud, duress or materialmistake of fact. The burden of proof is on the person challenging theacknowledgment to establish that the acknowledgment was signed because offraud, duress or material mistake of fact.

4. Except upon a showing of good cause, a personsobligation for the support of a child must not be suspended during a hearing tochallenge a voluntary acknowledgment of paternity.

(Added to NRS by 1997, 2301)

NRS 126.061 Artificialinsemination.

1. If, under the supervision of a licensed physicianand with the consent of her husband, a wife is inseminated artificially withsemen donated by a man not her husband, the husband is treated in law as if hewere the natural father of a child thereby conceived. The husbands consentmust be in writing and signed by him and his wife. The physician shall certifytheir signatures and the date of the insemination, and file the husbandsconsent with the Health Division of the Department of Health and Human Services,where it must be kept confidential and in a sealed file. The physiciansfailure to do so does not affect the father and child relationship. All papersand records pertaining to the insemination, whether part of the permanentrecord of a court or of a file held by the supervising physician or elsewhere,are subject to inspection only upon an order of the court for good cause shown.

2. The donor of semen provided to a licensed physicianfor use in artificial insemination of a married woman other than the donorswife is treated in law as if he were not the natural father of a child therebyconceived.

(Added to NRS by 1979, 1271)

ACTION TO DETERMINE PATERNITY

NRS 126.071 Whomay bring action; when action may be brought.

1. A child, his natural mother, a man presumed oralleged to be his father or an interested third party may bring an actionpursuant to this chapter to declare the existence or nonexistence of the fatherand child relationship.

2. If an action under this section is brought beforethe birth of the child, all proceedings must be stayed until after the birth,except service of process and the taking of depositions to perpetuatetestimony.

3. Upon the request of any of the persons listed insubsection 1, the district attorney shall take such action as is necessary toestablish the parentage of a child.

(Added to NRS by 1979, 1271; A 1983, 1869; 1987,2251)

NRS 126.081 Periodof limitations.

1. An action brought under this chapter to declare theexistence or nonexistence of the father and child relationship is not barreduntil 3 years after the child reaches the age of majority.

2. This section does not alter the time within which aright of inheritance or a right to a succession may be asserted beyond the timeprovided by law relating to distribution and closing of decedents estates orto the determination of heirship, or otherwise.

(Added to NRS by 1979, 1272; A 1981, 1573; 1983,1870)

NRS 126.091 Jurisdiction;venue.

1. Each district court has jurisdiction of an actionbrought under this chapter. The action may be joined with an action fordivorce, annulment, separate maintenance or support.

2. A person who has sexual intercourse in this statethereby submits to the jurisdiction of the courts of this state as to an actionbrought under this chapter with respect to a child who may have been conceivedby that act of intercourse. In addition to any other method provided by law,personal jurisdiction may be acquired by personal service of summons outsidethis state or by certified mail, restricted delivery, with return receiptrequested.

3. The action may be brought in the county in whichthe child, the mother or the alleged father resides or is found or, if thefather is deceased, in which proceedings for probate of his estate have been orcould be commenced. The court has jurisdiction whether or not the plaintiffresides in this state.

4. If an action to establish paternity is transferredfrom one judicial district in this state to another judicial district in thisstate, the district court to which the action is transferred shall not requirethe petitioner to file additional documents with the court or provideadditional service of process upon the respondent to maintain jurisdiction overthe parties.

(Added to NRS by 1979, 1272; A 1997, 2305)

NRS 126.101 Parties.

1. The child must be made a party to the action. If heis a minor, he must be represented by his general guardian or a guardian adlitem appointed by the court. The childs mother or father may not representthe child as guardian or otherwise. If a district attorney brings an actionpursuant to NRS 125B.150 and theinterests of the child:

(a) Are adequately represented by the appointment ofthe district attorney as his guardian ad litem, the district attorney shall actas guardian ad litem for the child without the need for court appointment.

(b) Are not adequately represented by the appointmentof the district attorney as his guardian ad litem, the Division of Welfare andSupportive Services of the Department of Health and Human Services must beappointed as guardian ad litem in the case.

2. The natural mother and a man presumed to be the fatherunder NRS 126.051 must be made parties,but if more than one man is presumed to be the natural father, only a manpresumed pursuant to subsection 2 of NRS126.051 is an indispensable party. Any other presumed or alleged father maybe made a party.

3. The court may align the parties.

(Added to NRS by 1979, 1273; A 1981, 1573; 1983,1870; 1993, 541; 1995, 2418; 1997, 2305; 1999, 875)

NRS 126.105 Serviceof process. Whenever service of process isrequired in an action brought under this chapter to determine the existence ornonexistence of the paternal relationship, it may be made pursuant to Rule 4 ofN.R.C.P. or by certified mail, restricted delivery, with return receiptrequested.

(Added to NRS by 1981, 1572; A 1983, 1870; 1995,2418; 1997, 2306)

NRS 126.111 Pretrialhearing; testimony.

1. The court shall endeavor to resolve the issuesraised in an action pursuant to this chapter by an informal hearing.

2. As soon as practicable after an action to declarethe existence or nonexistence of the father and child relationship has beenbrought, an informal hearing must be held. The court may order that the hearingbe held before a master or referee. The public shall be barred from thehearing. A record of the proceeding or any portion thereof must be kept if anyparty requests or the court orders. Strict rules of evidence need not beobserved, but those prescribed in NRS233B.123 apply.

3. Upon refusal of any witness, including a party, totestify under oath or produce evidence, the court may order him to testifyunder oath and produce evidence concerning all relevant facts. If the refusalis upon the ground that his testimony or evidence might tend to incriminatehim, the court may grant him immunity from prosecution for all criminaloffenses shown in whole or in part by testimony or evidence he is required toproduce, except for perjury committed in his testimony. The refusal of awitness who has been granted immunity to obey an order to testify or produceevidence is a civil contempt of the court.

4. Testimony of a physician concerning the medicalcircumstances of the pregnancy and the condition and characteristics of thechild upon birth is not privileged.

(Added to NRS by 1979, 1273)

NRS 126.121 Testsfor typing of blood or genetic identification; admissibility in court; effectof refusal to submit to test.

1. The court may, and shall upon the motion of aparty, order the mother, child, alleged father or any other person so involvedto submit to one or more tests for the typing of blood or taking of specimensfor genetic identification to be made by qualified physicians or otherqualified persons, under such restrictions and directions as the court or judgedeems proper. Whenever such a test is ordered and made, the results of the testmust be received in evidence and must be made available to a judge, master orreferee conducting a hearing pursuant to NRS126.111. Unless a party files a written objection to the result of a testat least 30 days before the hearing at which the result is to be received inevidence, the result is admissible as evidence of paternity withoutfoundational testimony or other proof of authenticity or accuracy. The orderfor such a test also may direct that the testimony of the experts and of the personsso examined may be taken by deposition or written interrogatories.

2. If any party refuses to submit to or fails toappear for a test ordered pursuant to subsection 1, the court may presume thatthe result of the test would be adverse to the interests of that party or mayenforce its order if the rights of others and the interests of justice sorequire.

3. The court, upon reasonable request by a party,shall order that independent tests for determining paternity be performed byother experts or qualified laboratories.

4. In all cases, the court shall determine the numberand qualifications of the experts and laboratories.

(Added to NRS by 1979, 1273; A 1991, 1337; 1995,2418)

NRS 126.131 Evidencerelating to paternity; evidence of costs of certain medical services.

1. Evidence relating to paternity may include:

(a) Evidence of sexual intercourse between the motherand alleged father at any possible time of conception.

(b) An experts opinion concerning the statisticalprobability of the alleged fathers paternity based upon the duration of themothers pregnancy.

(c) The results of any test for the typing of blood ortaking of specimens for genetic identification that is:

(1) Of a type acknowledged as reliable by anorganization approved by the Secretary of Health and Human Services; and

(2) Performed by a laboratory which isaccredited by such an organization.

(d) An experts opinion concerning the results of a blood test or test for genetic identification, weighted in accordance with evidence,if available, of the statistical probability of the alleged fathers paternity.

(e) Medical or anthropological evidence relating to thealleged fathers paternity of the child based on tests performed by experts.

(f) All other evidence relevant to the issue ofpaternity of the child.

2. Bills or receipts for the costs of:

(a) Medical care received during the pregnancy;

(b) The birth of the child; or

(c) Tests for the typing of blood or taking ofspecimens for genetic identification to determine the paternity of the child,

are primafacie evidence of the amounts incurred for those services and are admissible asevidence without the foundational testimony of a third party.

(Added to NRS by 1979, 1274; A 1991, 1337; 1997,2306)

NRS 126.141 Pretrialrecommendations.

1. On the basis of the information produced at thepretrial hearing, the judge, master or referee conducting the hearing shallevaluate the probability of determining the existence or nonexistence of thefather and child relationship in a trial and whether a judicial declaration ofthe relationship would be in the best interest of the child. On the basis ofthe evaluation, an appropriate recommendation for settlement must be made tothe parties, which may include any of the following:

(a) That the action be dismissed with or withoutprejudice.

(b) That the matter be compromised by an agreementamong the alleged father, the mother and the child, in which the father andchild relationship is not determined but in which a defined economic obligation,fully secured by payment or otherwise, is undertaken by the alleged father infavor of the child and, if appropriate, in favor of the mother, subject toapproval by the judge, master or referee conducting the hearing. In reviewingthe obligation undertaken by the alleged father in a compromise agreement, thejudge, master or referee conducting the hearing shall consider the bestinterest of the child, discounted by the improbability, as it appears to him,of establishing the alleged fathers paternity or nonpaternity of the child ina trial of the action. In the best interest of the child, the court may orderthat the alleged fathers identity be kept confidential. In that case, thecourt may designate a person or agency to receive from the alleged father anddisburse on behalf of the child all amounts paid by the alleged father infulfillment of obligations imposed on him.

(c) That the alleged father voluntarily acknowledge hispaternity of the child.

2. If the parties accept a recommendation made inaccordance with subsection 1, judgment may be entered accordingly.

3. If a party refuses to accept a recommendation madeunder subsection 1 and blood tests or tests for genetic identification have notbeen taken, the court shall require the parties to submit to blood tests ortests for genetic identification, if practicable. Thereafter the judge, masteror referee shall make an appropriate final recommendation. If a party refusesto accept the final recommendation, the action must be set for trial.

4. The guardian ad litem may accept or refuse toaccept a recommendation under this section.

5. The pretrial hearing may be terminated and theaction set for trial if the judge, master or referee conducting the hearingfinds unlikely that all parties would accept a recommendation he might makeunder subsection 1 or 3.

(Added to NRS by 1979, 1274; A 1983, 1871; 1989, 860;1997, 2306)

NRS 126.143 Orderfor temporary support of child. After anaction is set for trial pursuant to NRS126.141, the judge, master or referee shall, upon the motion of a party,issue an order providing for the temporary support of the child pending theresolution of the trial if the judge, master or referee determines that thereis clear and convincing evidence that the party against whom the order isissued is the father of the child.

(Added to NRS by 1997, 2301)

NRS 126.151 Trial:Applicability of Nevada Rules of Civil Procedure; admissibility of evidence ofother sexual contact; without jury.

1. An action under this chapter is a civil actiongoverned by the Nevada Rules of Civil Procedure. The mother of the child andthe alleged father are competent to testify and may be compelled to testify.Subsections 3 and 4 of NRS 126.111 and NRS 126.121 and 126.131 apply.

2. In an action against an alleged father, evidenceoffered by him with respect to a man who is not subject to the jurisdiction ofthe court concerning that mans sexual intercourse with the mother at or aboutthe probable time of conception of the child is admissible in evidence only ifthe alleged father has undergone and made available to the court blood tests ortests for genetic identification, the results of which show a probability lessthan 99 percent that he is the father of the child.

3. The trial must be by the court without a jury.

(Added to NRS by 1979, 1275; A 1995, 2419; 1997,2307)

NRS 126.161 Contentsand effect of judgment or order.

1. A judgment or order of a court, or a judgment ororder entered pursuant to an expedited process, determining the existence ornonexistence of the relationship of parent and child is determinative for allpurposes.

2. If such a judgment or order of this State is atvariance with the childs birth certificate, the judgment or order must directthat a new birth certificate be issued as provided in NRS 440.270 to 440.340, inclusive.

3. If the child is a minor, such a judgment or orderof this State must provide for his support as required by chapter 125B of NRS and must include an orderdirecting the withholding or assignment of income for the payment of thesupport unless:

(a) One of the parties demonstrates and good cause isfound by the court, or pursuant to the expedited process, for the postponementof the withholding or assignment; or

(b) All parties otherwise agree in writing.

4. Such a judgment or order of this State may:

(a) Contain any other provision directed against theappropriate party to the proceeding, concerning the duty of support, thecustody and guardianship of the child, visitation with the child, thefurnishing of bond or other security for the payment of the judgment, or anyother matter in the best interest of the child.

(b) Direct the father to pay the reasonable expenses ofthe mothers pregnancy and confinement. The court may limit the fathersliability for past support of the child to the proportion of the expensesalready incurred which the court deems just.

5. A court that enters such a judgment or order shallensure that the social security numbers of the mother and father are:

(a) Provided to the Division of Welfare and SupportiveServices of the Department of Health and Human Services.

(b) Placed in the records relating to the matter and,except as otherwise required to carry out a specific statute, maintained in aconfidential manner.

6. As used inthis section, expedited process means a voluntary acknowledgment ofpaternity, judicial procedure or an administrative procedure established bythis or another state, as that term is defined in NRS 130.10179,to facilitate the collection of an obligation for the support of achild.

(Added to NRS by 1979, 1275; A 1983, 1872; 1987,2251; 1989, 671; 1995, 2419; 1997, 2307, 2308; 2005, 248)

NRS 126.163 Orderissued on or after October 1, 1998: Provision of information by court andparties to action; regulations.

1. A court that, on or after October 1, 1998, issuesan order in this State establishing the paternity of a child shall:

(a) Obtain and provide to the Division of Welfare andSupportive Services of the Department of Health and Human Services suchinformation regarding the order as the Division of Welfare and SupportiveServices determines is necessary to carry out the provisions of 42 U.S.C. 654a.

(b) Ensure that the social security numbers of thechild and the parents of the child are placed in the records relating to thematter and, except as otherwise required to carry out a specific statute,maintained in a confidential manner.

2. Within 10 days after a court of this State issuesan order establishing the paternity of a child, each party to the cause ofaction shall file with the court that issued the order and with the Division ofWelfare and Supportive Services:

(a) His social security number;

(b) His residential and mailing addresses;

(c) His telephone number;

(d) His drivers license number; and

(e) The name, address and telephone number of hisemployer.

Each partyshall update the information filed with the court and with the Division ofWelfare and Supportive Services pursuant to this subsection within 10 daysafter that information becomes inaccurate.

3. The Division of Welfare and Supportive Servicesshall adopt regulations specifying the particular information required to beprovided pursuant to subsection 1 to carry out the provisions of 42 U.S.C. 654a.

(Added to NRS by 1997, 2302; A 2005, 249)

NRS 126.171 Costs. The court may order reasonable fees of counsel, expertsand the childs guardian ad litem, and other costs of the action and pretrialproceedings, including blood tests or tests for genetic identification, to bepaid by the parties in proportions and at times determined by the court. Thecourt may order the proportion of any indigent party to be paid by the county.In no event may the State be assessed any costs when it is a party to an actionto determine parentage.

(Added to NRS by 1979, 1276; A 1981, 1573; 1997,2309)

NRS 126.181 Enforcementof judgment or order.

1. If the parent and child relationship has beenestablished, the obligation of a parent may be enforced in the same orindependent proceedings by the other parent, the child, the public authoritythat has furnished or may furnish the reasonable expenses of pregnancy,confinement, education, support or funeral, or by any other person, including aprivate agency, to the extent he has furnished or is furnishing these expenses.

2. The court may order support payments to be made tothe custodial parent or a person or public agency designated to administer themfor the benefit of the child under the supervision of the court.

3. Willful failure to obey the judgment or order ofthe court is a civil contempt of the court. All remedies for the enforcement ofjudgments apply.

(Added to NRS by 1979, 1276; A 1997, 2309)

NRS 126.191 Modificationof judgment or order. Except as otherwiseprovided in NRS 125B.140 and chapter 130 of NRS, the court has continuing jurisdictionto modify the judgment or order as to custody, visitation or support.

(Added to NRS by 1979, 1276; A 1983, 1873; 1987,2251; 1997, 2309)

NRS 126.193 Causeof action subsequent to issuance of order: Notice and service of process. If, after a court issues an order establishing thepaternity of a child, a subsequent cause of action between the partiesconcerning the support of the child is initiated, the requirements for noticeand service of process shall be deemed to have been met with respect to a partyto the proceeding who cannot be found if:

1. The party initiating the proceeding shows proofthat diligent effort has been made to ascertain the location of the missingparty; and

2. Written notice of the initiation of the proceedinghas been mailed to the mailing address of the missing party or the address ofthe missing partys employer as those addresses appear in the informationrequired to be filed pursuant to subsection 2 of NRS 126.163.

(Added to NRS by 1997, 2303; A 2005, 249)

NRS 126.201 Rightto counsel; appointment of counsel by court; free transcript on appeal.

1. At the pretrial hearing and in further proceedings,any party may be represented by counsel. If a party is financially unable toobtain counsel, the court may appoint counsel to represent that party withrespect to the determination of the existence or nonexistence of the parent andchild relationship and the duty of support, including without limitation theexpenses of the mothers pregnancy and confinement, medical expenses for thebirth of the child and support of the child from birth until trial.

2. If a party is financially unable to pay the cost ofa transcript, the court shall furnish on request a transcript for purposes ofappeal.

(Added to NRS by 1979, 1276; A 1983, 1873)

NRS 126.211 Hearingsand records: Confidentiality. Any hearing ortrial held under this chapter must be held in closed court without admittanceof any person other than those necessary to the action or proceeding. Allpapers and records, other than the final judgment, pertaining to the action orproceeding, whether part of the permanent record of the court or of a file inthe Division of Welfare and Supportive Services of the Department of Health andHuman Services or elsewhere, are subject to inspection only upon consent of thecourt and all interested persons, or in exceptional cases only upon an order ofthe court for good cause shown.

(Added to NRS by 1979, 1276)

NRS 126.221 Substitutionof certificate of birth. Upon order of a courtof this state or upon request of a court of another state, the State Registrarof Vital Statistics shall prepare a new certificate of birth consistent withthe findings of the court and substitute the new certificate for the originalcertificate of birth as provided in NRS440.270 to 440.340, inclusive.

(Added to NRS by 1979, 1277)

NRS 126.223 Entryof default upon failure to plead or defend in action. Ifa man who is alleged to be the father of a child in an action brought pursuantto this chapter fails to plead or otherwise defend against the action asprovided in the Nevada Rules of Civil Procedure, the clerk of the court shallenter his default upon a showing of proof of service of process and any othershowing required pursuant to the Nevada Rules of Civil Procedure.

(Added to NRS by 1997, 2302)

ACTION TO DETERMINE MATERNITY

NRS 126.231 Whomay bring action; provisions of chapter applicable to action. Any interested party may bring an action to determine theexistence of a mother and child relationship. Insofar as practicable, theprovisions of this chapter applicable to the father and child relationshipapply to that action.

(Added to NRS by 1979, 1276; A 1983, 1873)

PROCEEDINGS TO COMPEL SUPPORT

NRS 126.291 Proceedingsnot exclusive; fees.

1. Proceedings to compel support by a nonsupportingparent may be brought in accordance with this chapter. They are not exclusiveof other proceedings. The court may assess the usual filing fees, charges orcourt costs against the nonsupporting parent and shall enforce their collectionwith the other provisions of the judgment.

2. Except as otherwise provided in this subsection,when the district attorney is requested to bring an action to compel support oran action to determine paternity, he may charge the requester a fee of not morethan $20 for an application. This fee may not be assessed against:

(a) The State of Nevada when acting as a party to anaction brought pursuant to this chapter.

(b) Any person or agency requesting services pursuantto chapter 130 of NRS.

3. If the court finds that a parent and childrelationship exists, it may assess against the nonsupporting parent, inaddition to any support obligation ordered a reasonable collection fee. If thecourt finds that the nonsupporting parent would experience a financial hardshipif required to pay the fee immediately, it may order that the fee be paid ininstallments, each of which is not more than 25 percent of the supportobligation for each month.

4. All fees collected pursuant to this section must bedeposited in the general fund of the county and an equivalent amount must beallocated to augment the countys program for the enforcement of supportobligations.

[6:87:1923; A 1933, 186; 1931 NCL 3410](NRS A1979, 1280; 1981, 1575; 1983, 261, 1874; 1997, 2309, 2310)

NRS 126.295 Formof complaint; verification. The complaint mustbe in writing and verified by oath or affirmation of the complainant.

[10:87:1923; NCL 3414](NRS A 1983, 262, 1875)

NRS 126.301 Absenceof defendant. If the defendant fails toappear, the court may proceed as if he were present and hear the complaint. Thecourt shall require the plaintiff to establish the facts, and shall give fulland careful consideration to all evidence presented and the rights and claimsof the plaintiff, defendant and children, and the best interests of the childor children involved. The court shall, upon its own findings or the verdict ofthe jury, make such orders as it would make if the defendant were present.

[17:87:1923; NCL 3421](NRS A 1979, 1280; 1983, 1875)

NRS 126.311 Effectof death, absence or insanity of plaintiff. Ifafter the complaint has been filed, the plaintiff dies, becomes insane orcannot be found within the jurisdiction, the proceeding does not abate, but thechild may be substituted as complainant by his guardian ad litem.

[18:87:1923; NCL 3422](NRS A 1971, 803; 1979,1280)(Substituted in revision for NRS 126.200)

NRS 126.321 Effectof death of defendant. In case of the death ofthe defendant, the action to compel support may be prosecuted against thepersonal representatives of the deceased with like effect as if he were living,subject as regards the measure of support to the provisions of this chapter. Nopersonal representative may be required to post a bond.

[19:87:1923; NCL 3423](NRS A 1979,1280)(Substituted in revision for NRS 126.210)

NRS 126.331 Paymentto trustee.

1. The court may require the payments to bemade to the custodial parent, a public agency or a person designated bythe court as trustee.

2. If the Division of Welfare and Supportive Servicesof the Department of Health and Human Services has provided money for thesupport of the child, the court shall direct that payment be made to theDivision as provided for in NRS 425.360.

3. Except as otherwise provided in subsection 1 of NRS 425.410, the payments must be made to atrustee if the custodial parent does not reside within the jurisdiction of thecourt or has assigned his right to receive support to a public agency inanother state.

4. The trustee shall report to the court annually, ormore often, as directed by the court, the amounts received and paid over.

[22:87:1923; NCL 3426](NRS A 1979, 1281; 1997,2310)

MISCELLANEOUS PROVISIONS

NRS 126.371 Promiseto furnish support for child: Enforcement; confidentiality.

1. Any promise in writing to furnish support for achild, growing out of a supposed or alleged parent and child relationship, doesnot require consideration and is enforceable according to its terms.

2. In the best interest of the child or the custodialparent, the court may, and upon the promisors request shall, order the promiseto be kept in confidence and designate a person or agency to receive anddisburse on behalf of the child all amounts paid in performance of the promise.

(Added to NRS by 1979, 1276; A 1983, 1875)

 

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