I’m the Father?!
For a couple who has been trying to get pregnant, the sentence “you’re the father” will often be received as exciting news. But for all of the frat boys, famous rappers, and casual daters of the world, this may be your worst nightmare. So, what do you do if a paternity action is brought against you? What is a paternity action? A paternity action is a legal suit that is used to establish the paternity of a child that can be brought by the mother or a state agency if the mother is receiving state financial assistance. In this proceeding, the judge will hear evidence as to why the mother believes that you are the father of her child and will often order genetic testing. This testing will be done by a laboratory chosen by the court. If the genetic match is 97% or higher, you are the father! What does it mean to be the legal father? Establishing legal paternity comes with several obligations and benefits, including paying child support, and having the right to visit with your child. What should my next steps be? If a paternity action is brought against you, you will have the opportunity to file an answer with the court stating why you believe you are not the father. You should contact Adkins Law ASAP to set up a consult to help you through this process.
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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. When a married couple has a baby, North Carolina law states that both parents are automatically the legal parents of the child. This gives both mother and father all the rights and responsibilities of parenthood. This is not, however, the case with unmarried couples. When an unmarried couple has a child, the relationship between the father and the child is not immediately recognized. If an individual is in this type of situation and desires to have the obligations and benefits of having that parent-child relationship, one must establish paternity.
How to Establish Paternity There are four basic routes to establishing paternity in the State of North Carolina. The first and most common way of establishing paternity is already being married prior to the time of the child’s birth. The second route to establishing paternity is also in regards to marriage. If the father and mother marry after the child is born, their child is legitimated retroactively, meaning going all the way back to birth. The two other routes used to establish paternity that do not involve marriage are the following: Sign an Affidavit of Parentage Signing the affidavit is a totally voluntary process. An affidavit of parentage is a legally binding document that is very difficult to overturn. Many unmarried couples prefer to sign the affidavit at the hospital or birthing center. Because an affidavit is a sworn statement, the mother and father must sign it in the presence of official witnesses. By signing an affidavit, the mother and father are agreeing that the father is the biological and legal father of the child. This affidavit also establishes the father’s obligation to pay child support and the child’s right to inherit from the father. An affidavit of parentage provides the father with standing to seek a custody order from the court. Lastly, both parents must agree in the affidavit if the father’s name should be added to the birth certificate. Judicial Process A paternity action can be presented in court by either of the parents, or by a lawyer for Child Support Services (CSS). The parties can settle the case on their own time or they can go to trial. If they choose to proceed into trial, the judge will decide whether the supposed father is the child’s legal and biological father. Either of the parties or the judge may request genetic testing, upon which everyone involved must submit to testing. If the results show a 97% probability of paternity or more, the court will establish paternity. Lastly, the judge will issue a final paternity order and make decisions regarding custody, visitation, and residency. 5 Benefits of Establishing Paternity o The parents can work together to make decisions that are in the best interest of the child. o Signing the affidavit secures the father’s right to go to court to ask for custody and visitation. o The child’s birth certificate will include the mother’s and father’s name. o The child is guaranteed the ability to access medical records from both sides of the family. o A child with a legal father has access to benefits, through the father, such as, social security, medical insurance, and other state, federal, and inheritance benefits. 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. |
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