NRS
126.161 Contents and effect of judgment or order.
1. A judgment or order of a court, or a
judgment or order entered pursuant to an expedited process, determining the
existence or nonexistence of the relationship of parent and child is
determinative for all purposes.
2. If such a judgment or order of this
State is at variance with the child’s birth certificate, the judgment or order
must direct that a new birth certificate be issued as provided in NRS 440.270 to 440.340, inclusive.
3. If the child is a minor, such a
judgment or order of this State must provide for the child’s support as
required by chapter 125B of NRS and must
include an order directing the withholding or assignment of income for the
payment of the support unless:
(a) One of the parties demonstrates and good
cause is found by the court, or pursuant to the expedited process, for the
postponement of the withholding or assignment; or
(b) All parties otherwise agree in writing.
4. Such a judgment or order of this State
may:
(a) Contain any other provision directed against
the appropriate party to the proceeding, concerning the duty of support, the
custody and guardianship of the child, visitation with the child, the
furnishing of bond or other security for the payment of the judgment, or any
other matter in the best interest of the child.
(b) Direct the father to pay the reasonable
expenses of the mother’s pregnancy and confinement. The court may limit the
father’s liability for past support of the child to the proportion of the
expenses already incurred which the court deems just.
5. A court that enters such a judgment or
order shall ensure that the social security numbers of the mother and father
are:
(a) Provided to the Division of Social Services
of the Department of Human Services.
(b) Placed in the records relating to the matter
and, except as otherwise required to carry out a specific statute, maintained
in a confidential manner.
6. A judgment or order issued pursuant to
this chapter within a proceeding held pursuant to chapter
432B of NRS:
(a) Is not subject to the provisions relating to
the confidentiality of judgments or orders set forth in chapter 432B of NRS; and
(b) Is a final order.
7. As used in this section, “expedited
process” means a voluntary acknowledgment of paternity developed by the State
Board of Health pursuant to NRS 440.283,
a voluntary acknowledgment of parentage developed by the State Board of Health
pursuant to NRS 440.285, judicial
procedure or an administrative procedure established by this or another state,
as that term is defined in NRS 130.10179,
to facilitate the collection of an obligation for the support of a child.
(Added to NRS by 1979,
1275; A 1983,
1872; 1987,
2251; 1989,
671; 1995,
2419; 1997,
2307, 2308;
2005,
248; 2015,
778; 2017,
246; 2021,
147)
Notes of Decisions
Cited in
7
cases (
5 in the last 5 years), 1998–2022 · leading case:
Rydberg v. Johnson, 1998 ND 160 (N.D. 1998).
Rydberg v. Johnson, 1998 ND 160 (N.D. 1998).
“”); Nev.Rev.Stat. § 126.161(4)(b) (1997) ("The court may limit the father’s liability for past support of the child to the proportion of the expenses already incurred which the court deems just.”
Rosie M. v. Ignacio A., 2022 NV 49 (Nev. 2022).
· cites it 6× “The district court's finding of paternity authorized it, under NRS 126.161(4), to make an initial determination of custody as between the child's mother and his biological father.”
Hargrove v. Ward, 2022 NV 14 (Nev. 2022).
· cites it 6× “Further, although NRS 126.161(3) requires the inclusion of child support in a paternity order if the child is a minor, it does not provide that one is prohibited if the child is not a minor.”
Polutnik Vs. Dist. Ct. (State, Dep'T Of Fam. Servs.) (Nev. 2021).
· cites it 2× “Further, because the divorce decree did not order the birth certificate amended as required by NRS 126.161(2), the district court's order directing the amendment of the birth certificate in the protective custody matter was a parentage determination, which could not occur…”
Martinez v. Avila, Jr. (child Custody), 2022 NV 49 (Nev. 2022).
· cites it 2× “The district courts finding of paternity authorized it, under NRS 126.161¢0), to make an initial determination of custody as between the child's mother and his biological father.”
Martinez v. Avila, Jr. (child Custody), 2022 NV 49 (Nev. 2022).
· cites it 2× “The district court’s finding of paternity authorized it, under NRS 126.161(4), to make an initial determination of custody as between the child’s mother and his biological father.”
Franceschi v. Pernia (Child Custody) (Nev. 2015).
· cites it 3× “Further, NRS 126.161(1) states that "[a] judgment or order of a court, or a judgment or order entered pursuant to an expedited process, determining the existence or nonexistence of the relationship of parent and child is determinative for all purposes.”
— Nev. Rev. Stat. § 126.161(1) — 1 case
Franceschi v. Pernia (Child Custody) (Nev. 2015).
“Further, NRS 126.161(1) states that "[a] judgment or order of a court, or a judgment or order entered pursuant to an expedited process, determining the existence or nonexistence of the relationship of parent and child is determinative for all purposes.”
— Nev. Rev. Stat. § 126.161(2) — 1 case
Polutnik Vs. Dist. Ct. (State, Dep'T Of Fam. Servs.) (Nev. 2021).
“Further, because the divorce decree did not order the birth certificate amended as required by NRS 126.161(2), the district court's order directing the amendment of the birth certificate in the protective custody matter was a parentage determination, which could not occur…”
— Nev. Rev. Stat. § 126.161(3) — 1 case
Hargrove v. Ward, 2022 NV 14 (Nev. 2022).
“Further, although NRS 126.161(3) requires the inclusion of child support in a paternity order if the child is a minor, it does not provide that one is prohibited if the child is not a minor.”
— Nev. Rev. Stat. § 126.161(4) — 2 cases
Rosie M. v. Ignacio A., 2022 NV 49 (Nev. 2022).
“The district court's finding of paternity authorized it, under NRS 126.161(4), to make an initial determination of custody as between the child's mother and his biological father.”
Martinez v. Avila, Jr. (child Custody), 2022 NV 49 (Nev. 2022).
“The district court’s finding of paternity authorized it, under NRS 126.161(4), to make an initial determination of custody as between the child’s mother and his biological father.”
— Nev. Rev. Stat. § 126.161(4)(a) — 3 cases
Rosie M. v. Ignacio A., 2022 NV 49 (Nev. 2022).
“The district court's finding of paternity authorized it, under NRS 126.161(4), to make an initial determination of custody as between the child's mother and his biological father.”
Hargrove v. Ward, 2022 NV 14 (Nev. 2022).
“Further, although NRS 126.161(3) requires the inclusion of child support in a paternity order if the child is a minor, it does not provide that one is prohibited if the child is not a minor.”
Martinez v. Avila, Jr. (child Custody), 2022 NV 49 (Nev. 2022).
“The district court’s finding of paternity authorized it, under NRS 126.161(4), to make an initial determination of custody as between the child’s mother and his biological father.”
— Nev. Rev. Stat. § 126.161(4)(b) — 1 case
Rydberg v. Johnson, 1998 ND 160 (N.D. 1998).
“”); Nev.Rev.Stat. § 126.161(4)(b) (1997) ("The court may limit the father’s liability for past support of the child to the proportion of the expenses already incurred which the court deems just.”
— Nev. Rev. Stat. § 126.161(6) — 1 case
Franceschi v. Pernia (Child Custody) (Nev. 2015).
“Further, NRS 126.161(1) states that "[a] judgment or order of a court, or a judgment or order entered pursuant to an expedited process, determining the existence or nonexistence of the relationship of parent and child is determinative for all purposes.”
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