Raleigh North Carolina Paternity Law and Procedure Handbook

State:
North Carolina
City:
Raleigh
Control #:
NC-599P
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

Across the United States each year, a large percentage of children are born to unmarried parents. State law requires the father to support the child financially, but sometimes the father is hesitant to officially acknowledge paternity of the child. This Paternity Laws and Procedures Handbook provides state-specific paternity resources for establishing paternity, and discusses the relevant law and procedures in a general, and easily understood manner. A law summary of the paternity laws in your state is provided. Voluntary paternity establishment and paternity establishment through court action are discussed, as is the genetic testing that the court may order to confirm paternity in doubtful cases. Reading this Handbook will allow you to go forward in the paternity establishment process with the confidence of knowing what to expect at each turn, and provide you with the points of contact in your state for the people and resources that can help you and your child succeed.
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  • Preview Paternity Law and Procedure Handbook
  • Preview Paternity Law and Procedure Handbook
  • Preview Paternity Law and Procedure Handbook
  • Preview Paternity Law and Procedure Handbook
  • Preview Paternity Law and Procedure Handbook
  • Preview Paternity Law and Procedure Handbook

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FAQ

Under North Carolina law, you have those rights as a father. In fact, unless you voluntary give them up, or a court orders otherwise, your rights as a parent are equal to those of the mother. You may even be entitled to receive child support payments from the mother.

Apart from child custody issues, father's rights also encompass child visitation areas. The mother cannot disallow visitation if the father has been unable to meet child support obligations. An attorney can help fathers file a separate motion for downward modification of child support on various grounds.

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.

If the child is born into the marriage then the father has automatic parental responsibility over the child. Based on this a married fathers rights over a child include the rights to make decisions concerning the legal matters, as well as educational, health and welfare and religious matters.

Paternity can be established by voluntary acknowledgment of paternity or by court order. The most convenient time for parents to establish paternity for their child is in the hospital when the child is born. The father must be present and provide identification to have his name placed on the Affidavit of Parentage.

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.

Yes in North Carolina a father has just as much right as the mother to file for full child custody. If the child's father can provide basic care for the child, and provide a healthy environment for the child to grow up in, he can file for full child custody.

PATERNITY ESTABLISHMENT OVERVIEW If no such responsibility has been determined, paternity must first be established. Under North Carolina law, paternity can be established at any time prior to a child's eighteenth (18th) birthday.

Once paternity is established, the custody and support obligations of the father are the same as those that apply to married couples. Additionally, upon establishing paternity, the father may become responsible for the medical expenses related to the pregnancy and birth of the child.

The father also assumes responsibility for medical expenses related to the pregnancy and birth. Paternity does not, however, legitimize the child. That must be done through a separate legal proceeding.

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Raleigh North Carolina Paternity Law and Procedure Handbook