Legal Rights and Responsibilities for Establishing Paternity for Unmarried Parents in North Carolina
The word “father” can mean many different things, and sometimes, the definition can be complicated. In other cases, it can also be simple. Although many “father figures” may exist in a child’s life, there is only one biological father. The question is, how do you prove that fact from a legal perspective if you are unmarried, and the other parent may not want to acknowledge your paternity? Establishing paternity for unmarried parents in North Carolina involves navigating specific legal processes, and it’s important to understand your rights and options. Let’s take a closer look at what it means to establish paternity in North Carolina and the rights and responsibilities you may have as an unmarried parent.
What Does the Law Say About Fatherhood in North Carolina?
If the mother of a child was married when the child was conceived and/or born, North Carolina law presumes that the mother’s husband is the child’s biological and legal father. Because this is the case, pursuant to NCGS 130A-101, the husband’s name is to be entered as the father on the child’s birth certificate. If the husband is the biological father of the child, no additional steps are necessary to establish paternity. However, things can become more complicated when the parents aren’t married.
If a child is born out of wedlock, a man who is allegedly the biological father is called the “putative father” in legal terms until paternity is officially established. Understandably, people often assume that establishing paternity is as simple as taking a DNA test. While that particular part of it may be simple, as with many legal matters, things can also become complex.
Ultimately, there are various options for establishing paternity in North Carolina. Let’s examine some of those options together.
Methods for Establishing Paternity for Unmarried Parents in North Carolina: What You Need to Know
A few of the ways that paternity is often established include:
Filing a civil action to establish paternity
Filing an official civil paternity action is generally advised as a last resort, because like any litigation, it has the potential to become time-consuming and expensive. In certain circumstances, however, it may be the best option. In North Carolina, a paternity action can be filed by a putative father who is attempting to assert parental rights and establish that he is the biological father of the child, or by a mother seeking to place parental responsibility on a putative father. In other cases, a child support enforcement agency may also bring a paternity suit to ensure that a child has the financial support it needs. It is important to keep in mind that a civil paternity action must be filed prior to a child’s eighteenth birthday.
To start a civil paternity action, a petition is filed with the court. Typically, the petition will explain why the putative father believes he is the biological father of the child. The petition is then served on the other parent, who will be given time to file a response. In that response, the other parent will either agree to paternity or contest the allegations made in the petition.
If both parents agree to paternity, the court will establish paternity through an official order, and the case will be concluded. If paternity is contested, however, the court will usually require the putative father to undergo DNA testing. If testing confirms the father-child relationship, then a court will enter an order establishing paternity and may also order child support or establish other parental rights, depending upon the circumstances involved.
- Filing a criminal non-support action in which paternity must be established as a prerequisite to conviction
In some cases, a legal process is necessary to establish that a particular person is the child’s biological father in order to ensure that he provides financial support. Establishing paternity is a prerequisite for a criminal non-support action, as it proves the father’s legal obligation to pay support.
- Filing an affidavit of parentage
An affidavit of parentage is essentially an official legal statement made by the parents of the child establishing the putative father as the legal father. Both the mother and father sign the document stating that they are the child’s biological parents. Often, an affidavit of parentage is signed at the hospital following the child’s birth, although this does not necessarily have to be the case. If the putative father has any doubts that he may be the biological father of the child, it is advised to confirm paternity before signing an affidavit of parentage, as it is a binding legal document that is difficult to revoke later.
- By the subsequent marriage of the mother and the putative father
Under North Carolina law, when the putative father and the mother marry after the child is born, the putative father becomes the child’s legal father upon finalization of the marriage. At that point, no further action from the putative father is required to establish paternity.
Regardless of which option you pursue, it’s important to remember that in North Carolina, the law requires “clear, cogent, and convincing evidence” to establish paternity. The most common form of this evidence is a blood or genetic marker test. As a general rule, paternity will be considered confirmed if these tests reveal at least a 97% probability of a genetic match between father and child.
In many cases, a child’s biological father will also be their legal father, but not always. Ultimately, whether a man is recognized as the “legal” father of a child depends upon a number of laws that will apply in many different contexts.
Why Establish Paternity?
Now that you know the “how” of establishing paternity, let’s talk just a bit about the why. Beyond legal obligations, establishing paternity for unmarried parents in North Carolina, first and foremost, ensures both parents have the opportunity to participate in the child’s life – emotionally, financially, and medically. It is developmentally important that a child knows who his or her father is. Establishing paternity can also be important from a medical and health perspective. Knowing both parents and family health history can be very important as a child grows older.
Establishing paternity is also important from a legal perspective because being officially identified as the child’s father means that the father can seek custody and visitation rights and be involved in important decisions regarding the child’s upbringing. Additionally, the father can provide support, financial and otherwise, for the child as needed.
Paternity and Custody
If and when a putative father officially establishes paternity, he may wish to seek custody and visitation rights with his child. If this is the case, a father can attempt to do this by filing a custody action in court, or by attempting to negotiate custody rights outside of court, through alternative dispute resolution methods like mediation or collaborative law, for example.
Increasingly, many people are choosing out-of-court methods for addressing issues like custody, because these methods offer the freedom and flexibility for parents to truly find solutions for custody arrangements and a variety of other issues that work best for their families.
In other cases, however, for any number of reasons, out-of-court methods for resolving issues may not be effective for everyone. In those situations, involving a court may be the best option. This will generally consist of filing a custody action, presenting evidence and arguments to the court, and waiting for the court to render a decision. That decision, including whatever custody arrangement the court orders, will be binding on the parties unless it is later modified by the court.
Challenging Paternity
It’s important to keep in mind that there is only a limited time to challenge paternity if you wish to do so. Each state has its own timeframes for different circumstances. In North Carolina, for example, if a man signed an Affidavit of Parentage voluntarily, he typically has sixty days to revoke it. If, however, paternity has been established in court, a challenge should typically be made within one year of when the child knew, or should have known, that the child was not his.
Call The Law Office of Dustin McCrary Today
At The Law Office of Dustin McCrary, we know that, similar to many issues in the divorce process, matters of paternity can be complicated. We also know how overwhelming these issues can seem to our clients, and that’s why we’re here to help. We’re passionate about helping our clients go through the divorce process with confidence and optimism about the future. We know and understand every aspect of divorce law, because it’s all we do. We know that for many of our clients, divorce is one of the most significant life events they’ve ever faced. That’s why we’re here to walk with you every step of the way. If you’re ready to take the first step, call us today. We look forward to speaking with you soon.