North Carolina Agreement By Natural Father to Support Child Born out of Lawful Wedlock

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Multi-State
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US-01473BG
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Description

An illegitimate child is generally defined as a child who was conceived and born out of lawful wedlock. This term is defined by statute in many jurisdictions. The statutory law of most jurisdictions also provides for legal proceedings by which the paternity of an illegitimate child can be determined, and the father can be required to contribute to the support of the child.

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FAQ

Despite the traditionality of the State of North Carolina, parental rights do not depend on being married or unmarried. Though several laws connect marriage and parenting, child laws mostly depend on the biological and legal relationships between the parent and the child.

Abandonment. A parent who has willfully abandoned a child for at least 6 consecutive months (or an infant for at least 60 consecutive days) can have their parental rights terminated. Abandonment involves a parent's intention to give up their parenting duties and claims.

(d) If the action to establish paternity is brought more than three years after birth of a child or is brought after the death of the putative father, paternity shall not be established in a contested case without evidence from a blood or genetic marker test.

A putative father, or an alleged father, is a man who does not have an established legal relationship with a child but claims to be the child's biological father. A putative father also may be the man a woman alleges to be the father of her child.

An Affidavit of Parentage is a legal document that is used to establish parentage, also known as paternity, for a child born outside of wedlock. In North Carolina, this document is also known as an Acknowledgment of Paternity.

In North Carolina, both unmarried parents have the same parental rights as married parents once paternity is established. In the time after the child's birth but before the parent(s) establish paternity, the mother has custodial rights.

Stat. 130A-101(f) the mother's surname is listed on the birth certificate unless the father is listed. If the father is listed, the mother and father must agree. If they do not agree, the mother's surname is listed.

As long as the new arrangement is within the child's best interests, the judge will approve it. However, if it is clear the move is not in the child's best interests, the judge has the right to deny the relocation.

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North Carolina Agreement By Natural Father to Support Child Born out of Lawful Wedlock