Paternity - Plumides, Romano & Johnson, pc

FATHER’S PATERNITY RIGHTS

Under North Carolina law, you have rights as a father unless you voluntarily give those rights up. Unless there is a court order, your rights as a parent are equal to those of the mother. You may even be entitled to receive child support payments from the mother. The North Carolina paternity law provides that the paternity of a child may be established at any time before the child turns eighteen. A paternity action can be brought to court by either of the parents. … If the parties go to trial, the judge will decide whether the alleged father is the child’s legal father.

ESTABLISH PATERNITY IN NC?

You have several options when it comes to establishing paternity depending on your circumstances.

1. Affidavit of Parentage (If You Are Not Married) – It’s a simple form that both the mother and father of the child sign voluntarily affirming that the man who signed the form is the child’s presumed father. It carries the same effect as an order of paternity, in that it gives the person named as the child’s father certain rights and responsibilities. The focus is on the father because without genetic testing there is no way to prove who is the child’s father.

Need An Affidavit of Parentage

2. Married – If you are married to the mother, and the child is born during the marriage, then the law presumes that you are the child’s father. If you marry the mother after the child’s birth, you can also establish paternity.

3. Paternity action – If you were unmarried when the child was born, you can also establish paternity through filing a legal action. Expect to undergo genetic testing for this process.

Need A Genetic Test

FATHERS CAN SEEK CHILD SUPPORT

As a father, you too have rights when it comes to child support. You will not be any more or less responsible for child support simply because you are the father. For most North Carolina families, child support obligations are based on the North Carolina Child Support Guidelines. The formula considers both parents’ incomes in addition to other factors. Depending on the facts in your case, you could actually be eligible to receive child support payments from the mother in order to raise your child. Like child custody, you can seek modification of child support payments.

You should know that one parent can never deprive the other parent of custody or visitation simply because the parent may have fallen behind in child support payments. That’s not how it works. There are many ways to enforce child support obligations, and that’s not one of them. If the mother of your child tries to prevent you from seeing your child when you have custody or visitation rights, then you should immediately get help from an attorney.

PATERNITY FAQS

Who is the father of my child?

When more than one person could be the father of the child, each person named may be required to take a genetic test.

What to do if not on birth certificate?

Many times, fathers are worried they don’t have rights to their child if they’re not on the birth certificate. Not true. Even if you’re not on the birth certificate, you have as much right to your child as the mother. If your paternity is questioned at any point, our team can help you submit a paternity test. After a child custody order is achieved, our team can also help you get your name officially added to your child’s birth certificate.

Do mothers have more custody rights in North Carolina?

In NC, there is no presumption as to which parent is more fit. Both parents are deemed to be fit and capable of caring for their children. Child custody is determined based on the best interests of the children. Both parents are afforded the opportunity to present to the court why they would be a fit parent. Factors the court considers in making custody determinations include the safety of the children and acts of domestic violence.

Married but not the biological father

What do I do, if I am married to a woman at the times she gives birth to a child but I am not the father of the child? You must file an action in court to establish that you are not the father. This is complicated and you should consult with a lawyer.

I thought I was the father but now I am not?

What can I do if I signed an affidavit acknowledging that I am the father but now I believe I am not the father? After an affidavit of parentage is signed you have sixty (60) days to cancel the affidavit. Once this time passes, you will have to file a separate court action to change the conclusion that you are the father. This process is complicated, and you will need a lawyer.

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Paternity & Fathers Rights

Family Law Services at

Plumides, Romano & Johnson PC

in north carolina

FATHER’S PATERNITY RIGHTS

Protect Yourself By Understanding Your Options and Knowing Your Rights

how do fathers

ESTABLISH PATERNITY IN NC?

in north carolina

FATHERS CAN SEEK CHILD SUPPORT

FAQ's

PATERNITY FAQS

Who is the father of my child?

What to do if not on birth certificate?

Do mothers have more custody rights in North Carolina?

Married but not the biological father

I thought I was the father but now I am not?

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