VOLUNTARY PATERNITY ACKNOWLEDGMENT AND PARENTING AGREEMENT
State of Nevada
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Voluntary Acknowledgment of Paternity
3.2 Genetic Testing Election
3.3 Establishment of Parentage
3.4 Physical Custody & Parenting Time
3.5 Child Support & Related Expenses
3.6 Health‐Care Coverage - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
This Voluntary Paternity Acknowledgment and Parenting Agreement (the “Agreement”) is entered into as of [EFFECTIVE_DATE] (the “Effective Date”) by and between:
• [MOTHER_FULL_LEGAL_NAME], an adult individual residing at [MOTHER_ADDRESS] (“Mother”); and
• [FATHER_FULL_LEGAL_NAME], an adult individual residing at [FATHER_ADDRESS] (“Father”).
(Each a “Party” and, collectively, the “Parties”.)
Recitals
A. The Parties are the biological parents of the minor child, [CHILD_FULL_NAME] (“Child”), born on [DOB] in [CITY/COUNTY], Nevada.
B. Pursuant to Nevada Revised Statutes (NRS) Chapter 126 (Uniform Parentage Act), a properly executed voluntary acknowledgment of paternity has the same effect as a judicial order of parentage when filed with the Nevada Office of Vital Records and not rescinded within the statutory period.
C. The Parties desire to voluntarily acknowledge Father’s paternity of the Child and to establish their respective rights and obligations concerning custody, support, and related matters, all in the best interests of the Child.
D. In consideration of the mutual promises herein, and intending to be legally bound, the Parties agree as follows.
2. DEFINITIONS
For purposes of this Agreement, capitalized terms below have the meanings set forth next to each unless the context clearly requires otherwise.
“Acknowledgment” means the Voluntary Acknowledgment of Paternity executed contemporaneously with this Agreement and filed with the Nevada Office of Vital Records in accordance with NRS Chapter 126.
“Agreement” has the meaning set forth in the Document Header.
“Child” has the meaning given in Recital A.
“Child Support Guidelines” means the Nevada child support guidelines promulgated under NRS Chapter 125B, as amended from time to time.
“Effective Date” has the meaning given in the Document Header.
“Genetic Testing” means scientifically accepted parentage testing that complies with NRS Chapter 126 and applicable federal regulations.
“Parentage” means the legal parent-child relationship created pursuant to NRS Chapter 126.
“Support Obligation” means the ongoing duty of the Father to provide financial support for the Child in accordance with the Child Support Guidelines and Section 3.5.
“Vital Records Office” means the Nevada Office of Vital Records or any successor governmental agency responsible for maintaining birth records.
“Withdrawal Period” means the statutory period during which either Party may rescind the Acknowledgment (currently 60 days from the date of execution) as provided by NRS Chapter 126 and 42 U.S.C. § 666(a)(5)(C).
3. OPERATIVE PROVISIONS
3.1 Voluntary Acknowledgment of Paternity
3.1.1 The Parties have contemporaneously executed the Acknowledgment in the form prescribed by Nevada law.
3.1.2 The Parties shall file the executed Acknowledgment with the Vital Records Office within five (5) business days after the Effective Date.
3.1.3 The Parties understand that, upon expiration of the Withdrawal Period without rescission, the Acknowledgment will have the same legal effect as a judgment of paternity.
3.2 Genetic Testing Election
a. Each Party acknowledges having been advised of the right to obtain Genetic Testing prior to signing the Acknowledgment.
b. By countersigning this Agreement, each Party either:
(i) represents that Genetic Testing has been completed and confirms Father’s biological parentage; or
(ii) voluntarily waives further Genetic Testing.
[// GUIDANCE: If testing was completed, attach certified laboratory report as Schedule A.]
3.3 Establishment of Parentage
Upon the filing and non-rescission of the Acknowledgment, Father shall be deemed the legal parent of the Child with all attendant rights and obligations under Nevada law.
3.4 Physical Custody & Parenting Time
3.4.1 The Parties agree that the best interests of the Child require a [JOINT/PRIMARY] custody arrangement.
3.4.2 A detailed Parenting Plan is attached as Schedule B and is incorporated herein by reference.
3.4.3 The Parties shall cooperate in good faith to modify the Parenting Plan as the needs of the Child evolve.
3.5 Child Support & Related Expenses
a. Father shall pay child support in the amount of $[AMOUNT] per month, calculated in accordance with the Child Support Guidelines.
b. Payments shall commence on [COMMENCEMENT_DATE] and continue until the Child reaches the age of majority or as otherwise provided by Nevada law.
c. Additional variable expenses (e.g., extracurricular activities, daycare) shall be allocated [PERCENTAGE_SPLIT] Mother / [PERCENTAGE_SPLIT] Father, payable within thirty (30) days of documented request.
3.6 Health-Care Coverage
a. Father shall maintain health, dental, and vision insurance for the Child where available at reasonable cost through employment or otherwise.
b. Uninsured medical expenses shall be allocated in the same proportion as set forth in Section 3.5(c) unless the Parties agree otherwise in writing.
4. REPRESENTATIONS & WARRANTIES
4.1 Capacity. Each Party represents that he or she:
(i) is at least eighteen (18) years of age;
(ii) is legally competent to execute this Agreement; and
(iii) is the biological parent of the Child (as to Father, subject to Section 3.2).
4.2 No Duress. Each Party executes this Agreement voluntarily, without coercion, duress, or undue influence.
4.3 No Conflicting Orders. Neither Party is subject to any prior court order inconsistent with the terms hereof.
4.4 Accuracy of Disclosures. All financial and personal information provided in connection with this Agreement is true, correct, and complete in all material respects.
4.5 Survival. The representations and warranties set forth in this Section shall survive execution of this Agreement and the filing of the Acknowledgment.
5. COVENANTS & RESTRICTIONS
5.1 Filing Covenant. Each Party shall take all actions reasonably necessary to ensure timely filing and registration of the Acknowledgment.
5.2 Cooperation. The Parties shall cooperate with any governmental agency in connection with enforcement of child support or modification proceedings.
5.3 Notice of Material Changes. A Party shall provide written notice to the other Party of any material change in residence, employment, or income within ten (10) days after such change.
5.4 Non-Interference. Neither Party shall interfere with the other’s lawful custodial time as set forth in Schedule B except as authorized by a court order.
6. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute an “Event of Default”:
(a) Failure to make any Support Obligation payment within ten (10) days of the due date;
(b) Unreasonable denial of parenting time;
(c) Violation of Section 5.4 (Non-Interference).
6.2 Notice & Cure. The non-defaulting Party shall provide written notice specifying the nature of the default and a ten (10) day cure period.
6.3 Remedies. If an Event of Default is not cured within the cure period, the non-defaulting Party may:
(i) Apply to the state family court for enforcement or modification;
(ii) Seek injunctive relief for support enforcement pursuant to NRS Chapter 125B;
(iii) Recover reasonable attorney fees and costs incurred in enforcement.
7. RISK ALLOCATION
7.1 Indemnification. The Parties acknowledge that traditional indemnification is inapplicable; instead, each Party’s liability is limited to compliance with child support, custody, and related obligations imposed by Nevada law and this Agreement.
7.2 Limitation of Liability. Except for obligations relating to child support, healthcare, and parenting time, neither Party shall be liable to the other for consequential, incidental, or punitive damages.
7.3 Force Majeure. A Party’s temporary inability to perform hereunder due to acts of God, war, pandemic, or governmental restriction shall not constitute default, provided such Party gives prompt notice and resumes performance as soon as reasonably practicable.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement and all claims arising hereunder shall be governed by and construed in accordance with the laws of the State of Nevada without regard to conflict-of-laws principles.
8.2 Exclusive Forum. The Parties irrevocably submit to the exclusive jurisdiction of the [COUNTY] County District Court, Family Division (the “Family Court”).
8.3 Arbitration. The Parties acknowledge that arbitration is not available for the subject matter of this Agreement and waive any right thereto.
8.4 Jury Waiver. Matters within the jurisdiction of the Family Court are determined without a jury; each Party expressly acknowledges the same.
8.5 Injunctive Relief. Nothing herein shall limit the Family Court’s power to grant immediate injunctive relief to enforce child support or custody provisions.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. No amendment or waiver of any provision of this Agreement shall be effective unless in writing signed by both Parties and, where required, approved by the Family Court.
9.2 Assignment. Neither Party may assign or delegate his or her rights or obligations hereunder without the prior written consent of the other Party and approval of the Family Court.
9.3 Successors & Assigns. This Agreement shall bind and benefit the Parties and their respective heirs, legal representatives, and permitted assigns.
9.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to comply with applicable law while preserving the Parties’ original intent.
9.5 Integration. This Agreement, together with the Acknowledgment and any schedules hereto, constitutes the entire agreement of the Parties concerning the subject matter hereof and supersedes all prior understandings, whether written or oral.
9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together constitute one instrument. Signatures transmitted electronically (e.g., via PDF or approved e-signature platform) shall be deemed original signatures for all purposes.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
| Mother | Father |
|---|---|
| _______ | _______ |
| [MOTHER_FULL_LEGAL_NAME] | [FATHER_FULL_LEGAL_NAME] |
| Date: _______ | Date: _______ |
NOTARY ACKNOWLEDGMENT
State of Nevada )
County of [COUNTY] )
On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared [MOTHER_FULL_LEGAL_NAME] and [FATHER_FULL_LEGAL_NAME], personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the foregoing instrument, and they acknowledged to me that they executed the same for the purposes therein contained.
Notary Public
My Commission Expires: ____
[// GUIDANCE: Attach Schedule A (Genetic Testing Report), Schedule B (Parenting Plan), and any additional exhibits as needed. Confirm county-specific notarial wording if required.]