Paternity Issues in North Carolina Family Law
Paternity issues play a significant role in North Carolina family law, particularly in cases involving child custody, child support, and parental rights. This report provides a comprehensive overview of paternity and legitimation laws in North Carolina.
Determining Paternity:
In North Carolina, a civil paternity proceeding is held before a district court judge and can be established through various methods, including:
- Voluntary acknowledgment of paternity by both parents.
An alleged parent may sign an acknowledgement of paternity which is an affidavit admitting to parentage.
- Genetic testing, typically through DNA analysis.
North Carolina law provides that in any civil case where paternity is in question, the Court shall order the mother, child, and alleged father to submit to blood or genetic marker tests upon motion of a party.
If the results show that the likelihood of the alleged parent being the biological parent is less than 85%, then the person is presumed not to be the parent. If the results show a likelihood between 85% and 97%, then the Judge can weigh the result along with other evidence to determine parentage. If the likelihood is 97% or higher, then the alleged parent is presumed to be the parent and that presumption can only be overcome with clear, cogent, and convincing evidence to the contrary.
- Court order based on evidence or testimony.
The Court can also determine paternity based on other evidence. For example, in a custody or child support suit a party will sue the other party and claim that they are the parent. If the other party does not deny the parentage or admits the parentage in their response the Court may make a finding of parentage in the order. Under North Carolina law, submitting such an order to Vital Records along with the appropriate form is sufficient to add a biological father to a birth certificate if he is not already listed.
Rights and Responsibilities:
Once paternity is established, the father gains certain rights and responsibilities, such as:
- The right to seek custody or visitation.
- The obligation to provide financial support, including child support payments.
- The ability to make decisions regarding the child’s welfare.
Legitimation:
Legitimation is the legal process through which a father establishes a legal relationship with his child born out of wedlock. Legitimation establishes paternity and legal rights. In North Carolina, legitimation grants the same rights and responsibilities as if the child were born to married parents including inheritance rights. In contrast, a paternity action only identifies a person as the biological parent and can establish rights and responsibilities for custody and support purposes only.
Legitimation proceedings are held before the Clerk of Court and can only be brought by a man who alleges that he is the father of the child in question. The Clerk may consider the same evidence as a judge would in a civil paternity action. If the mother of the child is married or was married at the time of the child’s conception or birth, then the spouse of the mother must be a party to the legitimation action.
It should also be noted that legitimation can occur without a legal proceeding if the parents of the child are unmarried when the child was born but get married to each other later. However, a legal action would need to be filed if the mother was married to someone else at the time of conception or birth of the child as noted in the previous paragraph.
Impact of Paternity and Legitimation
Child Custody and Visitation:
Paternity plays a crucial role in determining child custody and visitation arrangements. North Carolina family courts prioritize the best interests of the child when making custody decisions, considering factors such as the child’s relationship with each parent and their ability to provide a stable and nurturing environment.
Child Support:
Establishing paternity is essential for determining child support obligations. Once paternity is established, the non-custodial parent is typically required to provide financial support to ensure the child’s well-being. North Carolina follows specific guidelines to calculate child support payments based on the parents’ income and other relevant factors.
Adoption:
The consent to an adoption of a minor child is not required from a person who has not established paternity or legitimated the child prior to the filing of an adoption proceeding. This can lead to a harsh result if action is not taken quickly by a man who believes he is the father of a child.
Modification and Enforcement:
Paternity orders, custody arrangements, and child support orders can be modified or enforced through the North Carolina court system. It is crucial for parents to understand their rights and obligations and seek legal assistance when necessary.
Paternity issues and legitimation play a significant role in North Carolina family law. Understanding the processes and legal implications is essential for parents involved in such cases. Seeking legal advice and guidance can help navigate the complexities of paternity issues and ensure the best interests of the child are protected.