What are my parental rights as a married lesbian in Nevada?

by | Jun 16, 2017 | Ask the Lawyer | 0 comments

Question asked on Jun 10th, 2017

A: You have exactly the same rights and responsibilities of every parent of every child in Nevada, as to legal and physical custody, support, and otherwise.

Nevada law has been substantially revised to ensure that all parents are treated equally.  Custody law was revised to ensure that “intended parents” (i.e., you) as opposed to persons biologically related (i.e., the sperm donor), are “parents” under our law.  This year, the Legislature systematically made all custody, support, and property terms expressly non-gender-based.  The two of you are on equal ground, in the eyes of Nevada law, as to all issues relating to your child.

We have extensive information on child custody and support rights posted on our website.  There are many other relevant pages as well.

If you are looking for a citation to authority, consider this:

St. Mary v. Damon, 129 Nev. ___, ___ P.3d ___ (Adv. Opn. No. 68, Oct. 3, 2013)

Appeal was taken after District Court terminated rights of one member of a same sex couple that had a child together.  There was a parenting agreement executed by the parties.

The Court determined that Nevada law does not disallow a child from having two mothers.  The Court went on to say that the parenting agreement entered into by the parties did not violate public policy.

Reversed and remanded.

Since then the statutory law has been clarified, and if as you say you are on the birth certificate and the two of you are married, there is not much doubt as to the law that is applicable.  Consider a consultation with a family law specialist for a more detailed review of your situation and alternatives.

 

Marshal S. Willick
Latest posts by Marshal S. Willick (see all)