Take a look at the December 2014 issue of Huntersville Magazine featuring Adkins Law PLLC. Adkins Law PLLC is located in Huntersville, North Carolina and primarily serves Mecklenburg County and the Lake Norman area. If you need to speak with a divorce attorney, traffic attorney, or estate planning attorney, contact Adkins Law PLLC. In North Carolina, when a married couple has a child, the state presumes that the child is of the marriage. The husband and wife are considered the natural parents of the child. The law is different for unmarried couples. When an unmarried couple has a child, the parent-child relationship isn’t recognized automatically. Establishing paternity, or legitimating a child, is the process in which a child’s biological father is recognized also as the legal father. Establishing paternity is important in order to inherit property and for child custody and child support obligations. If the child’s parents aren’t married, there are three other ways to establish paternity in North Carolina: (1) the unmarried parents can later get married, (2) the parents can sign an Affidavit of Parentage, or (3) a paternity lawsuit. In North Carolina, when a unmarried couple has a child and later marries, the child is legitimated retroactively. Additionally, the unmarried parents may sign an affidavit attesting to their parentage. This is a legally binding, sworn statement, which is difficult to overturn. A paternity lawsuit may also be filed to establish paternity. Once the lawsuit is initiated, a court may order genetic testing. As long as the testing shows at least a 97% probability that the purported father is the actual, biological father, the court will establish paternity. Once paternity is formally established, a court may issue an order for child custody and child support. If you wish to speak to a family law attorney concerning a paternity issue, contact Adkins Law. Adkins Law is located in Huntersville, NC and primarily serves Mecklenburg County and the Lake Norman area. In Family Law, child custody issues tend to be the most difficult matters. Typically, both parents want to spend as much time as possible with their child(ren), which often leads to conflict. Ideally, child custody agreements are entered into outside of court. Parents, after all, know their children more intimately than judges and are better able to determine what is best for their child. If the parents are agreeable, such agreements are preferable to litigation. What is child custody in North Carolina? In North Carolina, there are two types of child custody: legal custody and physical custody. Legal custody concerns decision-making. The parent who holds legal custody is able to make important decisions regarding the child’s education, religion, medical procedures, and activities. Physical custody, on the other hand, concerns where the child lives. The parent who holds primary physical custody resides with the child(ren) and provides the child(ren) with physical care. What is the difference between sole custody and joint custody in North Carolina? Legal custody and physical custody may be held exclusively by one parent (sole) or shared between both parents (joint). A parent may hold sole legal custody, sole physical custody, or both. A parent may also hold sole legal custody and have joint physical custody. It really comes down to what arrangement is agreed to by the parents or what the court deems is in the best interests of the child. If you need legal advice concerning child custody in Huntersville NC, and would like to speak with a child custody attorney in Huntersville NC, please contact Adkins Law to schedule a child custody consultation. A child custody lawyer from Adkins Law can provide you with child custody legal advice. If Adkins Law is unable to provide you with the legal advice or legal assistance that you need, we will put you in touch with the best child custody attorney possible. |
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