Associate Attorney
Whether you are unmarried and with a long-term partner, or you are in a marriage and have suspicions about infidelity, establishing your parental rights is a vital step you must take to protect your rights. However, there can be some confusion over establishing paternity in North Carolina.
Biological fathers have specific rights and responsibilities. Understanding how paternity works in North Carolina and what you can do to establish paternity can protect you and your family.
North Carolina Paternity Laws
North Carolina law presumes that when a married couple has a child, the husband is the child’s biological and legal father. If the husband’s name is on this child’s birth certificate, the man is legally the child’s father, and there are no additional steps a couple must take to establish paternity. However, according to law, the husband is also generally presumed to be the father of a child even if partners were separated when the child was conceived or born.
When a child is born and the partners are not married, establishing paternity can be more challenging.
Establishing Paternity in North Carolina
In North Carolina, a putative father is a man who is alleged to be the father of a child, but the relationship between the two has not been legally established. A putative father has several avenues for establishing paternity, including:
- Affidavit of Parentage – When a couple are unmarried and have a child together, one way to establish paternity is via an Affidavit of Parentage. An AOP is a legal document signed and submitted by a child’s parents. It is a voluntary admission that the putative father is the legal father of the child, and he accepts all rights, responsibilities, and obligations of parenthood. The simplest way to file an AOP is by completing the necessary forms at the hospital at the time of the child’s birth and paying all associated fees. You can obtain forms from any local health department, the Clerk of Court, or the Department of Social Services. A putative father should be sure they are the biological father of the child before filing an AOP. It can be challenging to revoke an AOP.
- Court Orders for Paternity – An individual can obtain a court order to establish paternity without a completed AOP or when one of the child’s parents is unwilling to sign an AOP. This route involves filing an action with the court to establish the child’s biological and legal father. If the putative father contests the petition, the court can require the putative father to undergo DNA testing to confirm paternity.
Benefits of Establishing Paternity
Establishing paternity protects you and your family in numerous ways. Paternity benefits can include:
- Giving you the legal right to have a relationship with your child and the ability to make decisions on their behalf if there is every a custody dispute
- Entitling the child to specific benefits through the father such as child support
- The child has access to the medical histories and information from both sides of the family
- Secures the child’s right to receive an inheritance from the legal father
Whether you have a relationship with the child’s mother or not, establishing paternity secures your position as a child’s father. It allows you to exercise your parental rights for the benefit of your child.
Contact an Experienced North Carolina Family Law Attorney
At Patrick, Harper & Dixon, LLP, our attorneys have provided personalized and high-quality legal representation to local area residents since 1946. If you need assistance with the process of establishing paternity in North Carolina, we can help. Contact our office today and schedule a confidential consultation to discuss your legal needs.
