Nc Paternity Laws
- noviembre 23, 2022
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As mentioned in a previous article, paternity concerns the status of the father and not of the child. There is no uniform legal definition of the term «father». Rather, whether a man is recognized as the legal father of a child is determined by a number of different laws that apply in many different contexts. The biological father of a child is often the legal father of the child, but not in all cases. In addition, a man who is the alleged biological father of an illegitimate child and whose paternity has not been established by law is commonly referred to as the alleged father. All children deserve the right to a legal father recognized by North Carolina family law. If a couple is married, born or conceived during the marriage, the husband is considered the legal and biological father. This law extends even to cases where married parents were separated at the time of conception or birth. The husband`s name will then appear on the birth certificate once the child is born. Determining paternity becomes more complicated if the child was conceived and born out of wedlock.
In order to protect the rights of the biological father and guarantee the rights of the child, it is important to legally establish the paternity of the child. If a child was born out of wedlock, the name of the alleged father may be entered on the birth certificate if the mother and the presumed father complete an affidavit of paternity that contains the information required in N.C.G.S. § 130A-101 (f). If you are the father of an illegitimate child, North Carolina law gives you the opportunity to establish paternity and legitimize your child so that you can enjoy all the rights and duties of parenthood. Under North Carolina law, if the alleged father and mother marry after the birth of the child, the alleged father retroactively becomes the child`s legal father through the conclusion of the marriage. This does not require any further action on the part of the alleged father to establish paternity. The dissolution of fatherhood is very unfavorable in North Carolina, because it carries the risk of leaving a child without a father. These actions are often observed when the mother was married to a man when the child was conceived or was born, and the husband is not the biological father of the child. Since North Carolina law assumes that the husband is the child`s biological father, the husband`s name is automatically listed on the child`s birth certificate.
If the husband wishes to file as a legal father, he must file an application with the court. The court will then order DNA testing to establish the allegations of the de-establishment request. By establishing paternity, the father removes all responsibility towards the child and waives all parental rights. When unmarried couples have a child, additional measures are needed to ensure that paternity of their child is established. If paternity is not established, both parents may lack rights related to the minor child, such as custody and child support. In North Carolina, paternity can be established before the child turns 18. There are 3 ways to establish paternity in North Carolina, (i) biological parents marry after the birth of the child, (ii) affidavit of parentage, (iii) paternity action. Another preferred method of determining paternity is when the alleged father and mother sign an affidavit stating that the alleged father is the legal father. Often this is done in the hospital when the child is born. The affidavit is signed under penalty of perjury and states that both are the biological parents of a child. As soon as the affidavit was signed, I put the name of the alleged father on the child`s birth certificate.
If a court establishes paternity, the father must assume the same duties and obligations to care for the child as if he were legitimate. The father also pays for medical expenses related to pregnancy and childbirth. However, paternity does not legitimize the child. This must be done in separate court proceedings. If the alleged father is deceased, the civil action to establish paternity must also be brought before the child reaches the age of 18, AND within one year of the death of the alleged father if no proceedings have been initiated to administer the estate within one year of the death. Genetic testing is mandatory to establish paternity after the death of the alleged father. State law also restricts the possibility of applying for a paternity order against a deceased father. Although such lawsuits are valid if they are brought before the death of the alleged father, after his death, the action can only be brought within a limited period of time. If the personal representative of the alleged father has opened a succession, this period is the same as for the submission of other claims against the succession, which is 90 days from the publication of a reminder to creditors.
If no succession is opened within one year of the death of the alleged father, an action for paternity may be instituted in the same year. A previously registered court order establishing paternity can be reopened and overturned if the alleged father can prove through genetic testing that he is not the real father and that the original order was the product of «fraud, coercion, mutual error or excusable negligence.» In such cases, the burden of proof lies with the person seeking annulment of the original decision. Establishing paternity is a legal procedure to ensure that the child`s biological father is also the legal father.