North Carolina Change of Family Status Request Form
Description
How to fill out Change Of Family Status Request Form?
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FAQ
The short answer is: no, children cannot simply decide which parent to live with under North Carolina's family law. However, a child's preference to live with either parent can be taken into consideration by the court during a child custody case.
These tests are mandatory for establishing paternity in cases brought more than three years after the child's birth or after the alleged father's death.
Child is born during the marriage: In North Carolina, the husband of a married woman is presumed to be the father of any child born during the marriage. But if the husband isn't the father, the presumption can be rebutted by clear and convincing evidence in a legitimation or paternity action.
Some custody agreements may be harder to change than others are, but one factor remains the same: either you will need your ex to consent to modifying your custody order or you will have to prove to the court that circumstances have changed significantly enough to warrant a change.
Establishing Paternity in North Carolina In North Carolina, listing someone as the father on the child's birth certificate is not valid proof of paternity, so state law provides two ways for a father to establish paternity: (1) affidavit of parentage; and (2) civil action.
In North Carolina, as long as both parents are alive, they must both give their consent in order for a minor's name to be changed. If the other parent has been delinquent in paying child support services, or can otherwise be proved to have abandoned the child, the petition may proceed without their consent.
If child custody is part of a court order, the parent seeking modification needs to file a motion to modify the custody order with the court. The parents can, of course, agree on a modification and submit it to the judge for approval. This is commonly referred to as a consent order and is often the best approach.
While some states allow children of a certain age to choose one parent over the other, there is no such law in North Carolina that would allow children to choose which parent to live with at a certain age. In other words, it does not matter whether your child is 5 or 15.
To remove a name, you'll need to fill out the form and provide a copy of a court order (like your judgment of divorce), or a court determination of non-paternity. Other states require you to file a legal request through the court before you can modify the birth certificate.
Request Process and Fees through NC Vital RecordsMail us the completed Request to Amend a Record Form with a $24 search fee (nonrefundable).Indicate on the form what type of change is needed (e.g., paternity, legitimation, court-ordered name change, birth certificate after adoption, other amendment).