paternity law

Paternity Laws in North Carolina: Establishing and Challenging Paternity

Paternity establishes a legal relationship between a father and child. The different laws and regulations in North Carolina relating to paternity are crucial for ensuring that fathers have rights and responsibilities in the lives of their children. Establishing paternity comes with a wide range of responsibilities and privileges. In this blog, we will be giving an overview of the legal processes involved in establishing and challenging paternity in North Carolina. 

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How to Establish Paternity in North Carolina

There are a few different ways to establish paternity in North Carolina. The first way is through a Voluntary Acknowledgment of Paternity. This is a legal document that both parents fill out to acknowledge the father’s paternity, without the need to go to court. This can be done after the child’s birth at the hospital, or later at a Child Support Office, Vital Records office, or other approved locations. In this situation, both parents mutually agree about the paternity of the child, granting the father both rights and responsibilities, such as custody and child support.

Paternity Testing

In cases where it is unknown who the biological father is, paternity testing may be necessary. This is typically done through a court order and is usually done when there is a discrepancy between the mother and the alleged father. The court will typically order DNA testing to confirm paternity, this is done through a cheek swab and is usually 99.9% accurate. The results will confirm if there is a biological relationship between the child and the father. 

Benefits of Establishing Paternity

Establishing paternity can come with many different benefits for everyone involved. 

Here are just a few key benefits: 

  • Child Support: Once paternity is established, the court may order the father to pay child support, to ensure the child’s financial needs are met. This can help cover expenses such as food, medical, housing, education, and more. 
  • Custody and Visitation: Establishing paternity gives fathers the right to seek custody or visitation of the child. Without paternity, the individual has no rights to custody or visitation. This ensures that the father has an active role in the child’s life.
  • Health Benefits: Paternity gives the child the right to be on the father’s health insurance. This can be helpful with any medical expenses the child may have.  
  • Inheritance Rights: When paternity is established, this gives the child right to inherit from the father. This allows the child to receive assets, property, or other benefits from the father’s estate if he passes away.

Challenging Paternity in North Carolina

If you believe that your paternity is wrong or invalid, you can challenge the paternity.

Here are a few cases where challenging paternity might be necessary: 

  • Mistaken paternity: Sometimes, a  man may be incorrectly identified as the biological father of a child. This can happen from miscommunication or invalid evidence. 
  • Fraud, duress, or mistake when signing a Voluntary Acknowledgment of Paternity: If the father was misled or unknowingly signed the Voluntary Acknowledgment of Paternity, he may be able to challenge the paternity. Proving that the Voluntary Acknowledgment of Paternity was signed under fraud or mistake is key evidence to prove in this scenario. 
  • New evidence of non-paternity: If new evidence resurfaces, such as DNA test results proving non-paternity, paternity can be challenged. 

Legal Process to Challenge Paternity

Once you have determined that you have a valid reason to challenge paternity, you will need to follow the legal procedure: 

  • Filing a legal petition: The first step to challenge paternity is filing a formal legal petition with the court. This petition outlines the reasons for the challenge and requests that the court review the case.
  • Time limits and statute of limitations: North Carolina law imposes specific time limits on when a paternity challenge can be filed. For instance, a man who signed a Voluntary Acknowledgment of Paternity has 60 days to revoke it, except in cases of fraud or mistake, where the time frame may be extended. 
  • Importance of obtaining legal counsel: Challenging paternity can be a confusing legal process, it’s important to seek the help of an experienced family law attorney. Legal counsel can guide you through the process, help gather necessary evidence, and ensure that all legal requirements are met.

We Can Assist With Family Law Issues in North Carolina

Understanding the different paternity laws in North Carolina is essential for fathers who would like to establish or challenge paternity. Fathers have a large impact on a child’s life and these are legal proceedings that should be taken seriously and with careful consideration.

If you want to learn more about how to navigate North Carolina’s paternity laws, Stephen E. Robertson Law Office is here to help. Contact us today to schedule a consultation for your case. Call us at 336-370-6760.