Nev. Rev. Stat. » NRS: CHAPTER 126 - PARENTAGE
Nevada Revised Statutes

Nev. Rev. Stat. § 126.101 (2026)

Parties

✓ current as of July 2026
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NRS 126.101  Parties.

      1.  If the court determines that it is necessary for the child to be made a party to the action, the court may make the child a party to the action. If the child is a minor and the court determines that it is necessary to appoint a guardian ad litem to represent the child, the court may appoint a guardian ad litem for the child. The child’s mother or father may not represent the child as guardian or otherwise.

      2.  The natural mother and a man presumed to be the father under NRS 126.051 must be made parties, but if more than one man is presumed to be the natural father, only a man presumed pursuant to subsection 2 or 3 of NRS 126.051 is an indispensable party. Any other presumed or alleged father may be 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; 2007, 1525; 2013, 791)

     

Notes of Decisions
Cited in 11 cases (4 in the last 5 years), 2013–2026 · leading case: St. Mary v. Damon, 309 P.3d 1027 (Nev. 2013).
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St. Mary v. Damon, 309 P.3d 1027 (Nev. 2013). “We note that, as addressed in the parties’ supplemental briefs, upon remand, it may be necessary to join the child as a party to this action under NRS 126.101(1).”
Rosie M. v. Ignacio A., 2022 NV 49 (Nev. 2022). · cites it 3× “See NRS 126.101(1) (providing th:at in a paternity action, the court may make the child a pa.”
Shepherd v. Scott (Nev. 2014). · cites it 5× “, District Judge, Family Court Division Willick Law Group Gene Edmond Scott Eighth District Court Clerk 2 We further conclude that while the child should have been properly made a party to the action under NRS 126.101(1) (2007), the district court's failure to require the…”
Hammer v. Rasmussen (Nev. 2017). · cites it 2× “See NRCP 19(a) (requiring joinder of a party where the party has an interest in the action and disposition of the action in the party's absence may "impair or impede the person's ability to protect that interest"); see also NRS 126.101 (allowing a child to be made a party to a…”
In Re: Est. of Robert C. Murray, 2015 NV 8 (Nev. 2015). · cites it 2× “081 (action to declare existence or nonexistence of filial relationship must be brought within three years of child's attaining age of majority); NRS 126.101 (natural mother and presumed father must be made parties).”
Jackson v. Hoagland (Child Custody) (Nev. 2016). “3d 777, 780 (2011) ("An arbitrary or capricious exercise of discretion is one founded on prejudice or 2 NRS 126.101(1) was amended in 2013, rendering joinder of the child and representation by a guardian permissive, rather than mandatory.”
Martinez v. Avila, Jr. (child Custody), 2022 NV 49 (Nev. 2022). “See NRS 126.101(1) (providing that in a paternity action, the court may make the child a party to the action and appoint a guardian ad litem for the child if it determines that doing so Is necessary} Here, the court considered Rosie's and Henry's guardian ad litem concerts and…”
Martinez v. Avila, Jr. (child Custody), 2022 NV 49 (Nev. 2022). “See NRS 126.101(1) (providing that ina paternity action, the court may make the child a party to the action and appoint a guardian ad litem for the child if it determines that doing so is necessary).”
Lorenzo v. Gendebien, 142 Nev. Adv. Op. No. 46 (Nev. 2026). “38 of the gestational agreement by consent has standing to bring a maternity or custody action and may survive NRCP 12(b)(5) dismissal of those claims if the complaint alleges facts that establish presumptive parentage status under NRS 126.”
Franceschi v. Pernia (Child Custody) (Nev. 2015). “We recognize that NRS 126.101(1) gives the district court discretion whether to join the child as a party and appoint a guardian ad litem for the child.”
In Re: Est. of Robert C. Murray, 2015 NV 8 (Nev. 2015). “081 (action to declare existence or nonexistence of filial relationship must be brought within three years of child's attaining age of majority); NRS 126.101 (natural mother and presumed father must be made parties).”
— Nev. Rev. Stat. § 126.101(1) — 9 cases
St. Mary v. Damon, 309 P.3d 1027 (Nev. 2013). “We note that, as addressed in the parties’ supplemental briefs, upon remand, it may be necessary to join the child as a party to this action under NRS 126.101(1).”
Rosie M. v. Ignacio A., 2022 NV 49 (Nev. 2022). “See NRS 126.101(1) (providing th:at in a paternity action, the court may make the child a pa.”
Shepherd v. Scott (Nev. 2014). “, District Judge, Family Court Division Willick Law Group Gene Edmond Scott Eighth District Court Clerk 2 We further conclude that while the child should have been properly made a party to the action under NRS 126.101(1) (2007), the district court's failure to require the…”
Jackson v. Hoagland (Child Custody) (Nev. 2016). “3d 777, 780 (2011) ("An arbitrary or capricious exercise of discretion is one founded on prejudice or 2 NRS 126.101(1) was amended in 2013, rendering joinder of the child and representation by a guardian permissive, rather than mandatory.”
Hammer v. Rasmussen (Nev. 2017). “See NRCP 19(a) (requiring joinder of a party where the party has an interest in the action and disposition of the action in the party's absence may "impair or impede the person's ability to protect that interest"); see also NRS 126.101 (allowing a child to be made a party to a…”
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