If a dad isn’t married to their child’s mother, North Carolina law may require them to prove they are the child’s father before the dad and co-parent can sort out child custody and support matters. The process for how to establish paternity in NC begins with someone filing a civil complaint to open a lawsuit. The dad would then get genetic testing to see if he is the biological father of the child. If he is, then the court would legally name him as the father, and he would be able to request child custody or visitation rights or may be required to take on the responsibility of paying child support.
Remington & Dixon understands how important it is to seek court validation so that you can continue to form a legally protected relationship with your child. Our father’s rights attorney can help you file the necessary paperwork to initiate or respond to a paternity lawsuit. We can also help you craft a fair child custody agreement once the court recognizes that you are the child’s dad.
Understanding North Carolina Paternity Laws
Under North Carolina law, there’s a presumption that a child born to parents who are married to each other is the biological child of those parents. For children born out of wedlock or where there’s an accusation of infidelity, fathers must go through a process to prove that they fathered the children.
North Carolina paternity laws explain the legal procedure that dads must undergo to meet these requirements. If they can prove paternity, they may gain access to child custody and visitation rights. They may also have to take on the responsibility of paying child support.
How To Establish Paternity in North Carolina
Under North Carolina law, someone starts a paternity case by filing a civil complaint in the appropriate court. The person who initiates this lawsuit must attach a copy of the child’s birth certificate to the complaint. The alleged father and child would need to go to a medical or testing center to have a genetic test done to see if they are related. This might involve healthcare professionals taking blood or a cheek cell and checking it against the child’s DNA.
The dad may have to file proof that they got this test as well as the results later on. In some cases, however, the healthcare facility may send their findings directly to the court. Fathers may also be able to attach an invoice to the court documents to show how much it costs for them to have this procedure done.
How Paternity Affects Custody, Visitation, and Child Support
As explained in North Carolina paternity laws, fathers who can prove they are indeed biologically related to a child would be able to request child custody and visitation rights. Getting this recognition would put them on equal footing with the mother, who is the known mom of the child. North Carolina law allows parents to put together a child custody and visitation agreement — e.g., a parenting plan — that describes how they would like to co-parent. Establishing paternity means the father can participate in these discussions and can ask a court to give them rights to see, parent, and foster a relationship with their child.
Proving paternity also means the father may have to pay child support based on North Carolina’s Guidelines. Likewise, the father may have to reimburse the mother for expenses that she paid to deliver and carry the child. Alternatively, if it turns out that the dad is not the father of the child, it may — but doesn’t always — mean they can ask the court to relieve them of their child support obligations.
The Benefits of Establishing Paternity for Fathers and Children
When dads establish paternity, they gain access to many father’s rights. North Carolina law allows them to request child custody, which may empower them to make decisions about the child’s education, religion, or schooling. Getting legal acknowledgment that they’re the father of a child may also allow the dad to visit the child or have the child stay with them periodically throughout the year. Dads may also request sole custody if they believe one or both of the child’s current caregivers are unable to care for the child.
Having this piece of paper that acknowledges their place in the child’s life can also open doors in other settings. For example, they may be able to communicate with the child’s doctors about medical concerns they have or take the child to appointments. Additionally, the father may be able to talk to the school about the child’s progress or other matters.
Contact the North Carolina Father’s Rights Attorney at Remington & Dixon
If you have questions about how to establish paternity in NC, you’re not alone. Many people find it confusing or even intimidating or to have to go through this court process. Having an attorney provides peace of mind as you move through the legal procedure.
Remington & Dixon, PLLC, provides seasoned support to dads during the paternity determination process. Jennifer Dixon — our father’s rights attorney — has been named a Rising Star by the distinguished Super Lawyers organization on multiple occasions. Reach out to us today by calling 704-247-7110 to schedule a no-obligation consultation to talk about your concerns and how she can help.
