In North Carolina, when a married man’s wife has a child, he is automatically presumed to be the father, and has all of the same rights to custody as the mother. When a couple is unmarried, the situation becomes a little tricky, and requires that the father establishes his paternity.
Paternity can be established in several ways, the first of which is an Affidavit of Paternity. This is a legal document signed at or near the time of the child’s birth in the presence of a witness, affirming that you are the father of the child.
If an Affidavit of Paternity is not signed, a Paternity Action can be filed with the court. In this case, the judge will often order genetic testing. If you match at 97% or higher you are legally considered the father. A paternity action can be filed by either parent or by Child Support Services if the mother is supported by the state and needs support payments.
Once you have established legal paternity, you have the same rights to pursue visitation as any other father! If you have questions regarding establishing paternity or visitation, contact Adkins Law for more information.