South Carolina Settlement Agreement and Release of Paternity Claim

State:
Multi-State
Control #:
US-01448BG
Format:
Word; 
Rich Text
Instant download

Description

Illegitimacy proceedings are generally considered to be civil in nature, and it is therefore generally recognized that the mother and putative father of an illegitimate child have the right to compromise, settle, or release a claim, and that such an agreement is a defense against subsequent proceedings by the mother.

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FAQ

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.

You can start that process at your nearest Vital Records office or the DHEC State Vital Records Office in Columbia. You will need to provide a certified copy of the marriage license, and both you and the child's father will have to sign a statement called an 'affidavit' in the presence of a notary.

For married parents, paternity is assumed at birth. For unmarried parents, paternity can be established through a paternity acknowledgement at the hospital or at DHEC Vital Records (or any county health department) after leaving the hospital.

The father's name will appear on the birth certificate, and the father must consent to the name of the child before the child's name appears on the birth certificate. A father signing just the birth certificate, without signing a Paternity Acknowledgement Affidavit, does not constitute paternity.

If one parent abandons the child and does not visit the child or contribute financially to the child's upbringing for a period of at least six months, you may have grounds to seek a termination of parental rights.

If you have signed an Acknowledgement of Paternity and believe it was a mistake, you must file a petition within 60 days of the date it was signed to ask the Court to vacate the Acknowledgement.

Once paternity is established, both parents will maintain equal rights before the court. Neither the father nor the mother will be given any preference, and the court will award custody based on the best interest of the child's interests.

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South Carolina Settlement Agreement and Release of Paternity Claim