Question asked on April 4, 2021
Q: Custody regarding an unborn child.
A: If there has been no naming of a father at the time of birth, and no court action regarding paternity, then under NRS 125C.003:
2. A court may award primary physical custody of a child born out of wedlock to:
(a) The mother of the child if:
(1) The mother has not married the father of the child;
(2) A judgment or order of a court, or a judgment or order entered pursuant to an expedited process, determining the paternity of the child has not been entered; and
(3) The father of the child:
(I) Is not subject to any presumption of paternity under NRS 126.051;
(II) Has never acknowledged paternity pursuant to NRS 126.053; or
(III) Has had actual knowledge of his paternity but has abandoned the child.
(b) The father of the child if:
(1) The mother has abandoned the child; and
(2) The father has provided sole care and custody of the child in her absence.
It is probably a good idea for you to review the rules applicable to child custody, and child support, both of which you can find and review here.
