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Las Vegas Divorce Lawyer > Blog > Child Custody > What happens if a child is born out of wedlock?

What happens if a child is born out of wedlock?

While people in Nevada may have certain expectations about custody during divorce, you may wonder if any of these apply to your and the child’s other parent if you have never married. If your child was born out of wedlock, here is what the Nevada State Legislature has to say about these children.

According to the courts, the relationship of parent and child is equal whether or not you and the other parent have ever been married to each other. If both of you agree to joint custody, that arrangement will stand. If either of you feel that this is not in the best interest of the child, a judge will decide which parent should be awarded custody. Physical and legal custody can be given to different parents, depending on which of you the judge feels is best suited to raise the child.

If you are the father of the child, you may be awarded full custody if the child’s mother has abandoned him or her and the you have provided the sole care and custody since then. As the mother of a child born out of wedlock, you may be awarded full custody if the father has not acknowledged paternity, is not subject to any presumption of paternity or has abandoned the child.

With this in mind, it is important for you to understand what the court considers to be abandonment. The parent needs to have declined any meaningful relationship or substantial economic and personal support for at least six months. This information is intended to educate and should not be taken as legal advice.

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