NRS126.031. Relationship of parent and child not dependent on marriage; primary physical custody of child born out of wedlock.  


Latest version.
  •       1.  The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents.

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

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

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

                 (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.

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

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

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

          3.  For the purposes of this section, “abandoned” means failed, for a continuous period of not less than 6 weeks, to provide substantial personal and economic support.

          4.  As used in this section, “expedited process” has the meaning ascribed to it in NRS 126.161.

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