North Carolina Paternity Forms, Documents and Law - How To Get A Court Ordered Paternity Test Without A Lawyer
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North Carolina Paternity Law, Information and FAQ Dss Paternity Test Nc
Introduction: Paternity is defined as the quality or state of being a Father. The person wanting to establish Paternity can either be the Mother, Father, or child, depending on the individual desires of the parties involved. With science giving us more accurate testing, the matter of establishing paternity is easier and more reliable than in the past. DNA testing methods include SWAB Test and DNA Genetic Identity. DNA testing centers are easy to locate and the costs are reasonable. For this reason, most paternity matters are settled prior to trial. In addition, Complaints and Petitions to establish Paternity are now often routine and agreed to by all parties. The resulting child support and custody proceedings are also involved.
Children born to unwed persons do not automatically have a legal Father without a Paternity action establishing the identity of the Father, whether agreed or contested. Note: Some States allow the establishment of Paternity by the execution of an Acknowledgment of Paternity form without a formal Court action.
Reasons to Establish Paternity:
Identity: To provide the child with a needed
Health: It is important to know the health history of both the Mother and Father for medical care and treatment of the child.
Support: It takes two to fairly support a child in today's world to the extent of their ability.
Benefits: Establishing Paternity allows the child to be covered by health insurance, social security, inheritance and veteran's benefits.
Public Assistance: Paternity also means the parties can seek public assistance where they qualify.
How to Establish Paternity:
- Paternity Court Proceeding
- Voluntary Acknowledgment of Parentage or Paternity (in some States).
How do you challenge Paternity:
- Contested Paternity Action (Complaint to Establish Parental Relations or similar proceeding)
- Revocation of Voluntary Acknowledgment (if within certain rules)
- Can be filed by the alleged Father, Mother, Child, or Child Support Division of the State.
- Paternity testing can be ordered by the Court in most States. The Mother, Father and child can be ordered to submit to testing.
- Testing can be by blood tests, swab test or other methods to obtain DNA samples.
- Generally, testing is paid for by the Father if testing is positive, or the mother if testing is negative. The Parties may also agree to how the testing will be paid.
Birth Certificate: The Father will be shown on the birth certificate if he acknowledges paternity when or close in time to the birth, or the Court orders the birth certificate to be changed to reflect the Fathers name.
Child's Name: When the child is born, the Mother usually establishes the name of the child. If the Mother and Father acknowledge Paternity and complete the application for a birth certificate they can both choose the child's name. If the name is not established by this means, the Court can order the change of the child's name at any time.
Marital Status: Most paternity actions involve a child born out of wedlock. Paternity actions also occur between married persons where someone other than the Husband is the Father of the child, or where the Husband has fathered a child outside his marriage. There is a presumption that a child born to a married woman is the child of the husband. However, this presumption can be overcome by DNA and other evidence. In some states, the Mother and Husband can sign an "Affidavit of Denial of Paternity" where both agree that the Husband is not the Father of the child.
Age of Parents: Generally, the age of the parents does not matter and parents of any age can establish paternity.
Custody: Custody of a child can either be awarded to the Father or the Mother in Paternity actions, depending on the facts. Mothers receive custody more often but Fathers are being awarded custody under certain circumstances. The Parties may also sign an agreement addressing this issue that the Court may consider in awarding custody.
Child Support: Generally, the same rules that apply to child support in divorce actions, also apply to child support in Paternity actions. Either party can be ordered to pay child support to the other. Some Courts will also award back child support relating back to the date of birth or a specific number of years. The Parties may also sign an agreement providing for the payment of child support to be approved by the Court.
Visitation: If the Parties cannot agree to visitation rights, the Court may be petitioned to request visitation rights.
Attorneys: If the parties cannot agree on paternity, custody and child support, you should seek the assistance of an attorney who routinely handles paternity matters. This is not a proceeding where self representation is advisable.
Voluntarily Acknowledging Paternity: In most cases, you may elect to voluntarily acknowledge paternity with or without DNA testing. Once you agree, you may or may not be able to revoke the acknowledgment depending on your State.
Laws: State laws vary about the procedures and rules for establishing paternity. Some call the action a Complaint for Legitimization. Uniform Acts have been developed for adoption by States including the Uniform Act on Paternity, 1960, Uniform Parentage Act, 1973 and the Uniform Putative and Unknown Fathers Act, 1988. States that adopted the Uniform Parentage Act include Alabama, California, Colorado, Delaware, Hawaii, Illinois, Kansas, Minnesota, Missouri, Montana, Nevada, New Jersey, New Mexico, North Dakota, Ohio, Rhode Island, Washington and Wyoming. States adopting the Uniform Act on Paternity include Kentucky, Maine, Mississippi, New Hampshire, Rhode Island and Utah.
Action by Child: An action for paternity may also be filed by the child. In many states, after a child reaches the "age of majority," he has another one to five years to seek the establishment of paternity. Attempts to limit the right of the child to file for paternity have generally been ruled unconstitutional by the Supreme Court.
Action by Parent: Some States limit the time period within which a parent may seek to establish Paternity. You should check you State law for current laws but at the writing of this the time periods were as provided below. Special time periods may apply if the child is born to a husband and wife. For example, in California, a husband only has 2 years to file a paternity action.
No Time Limit: Arkansas, Georgia, Massachusetts, Oregon, Rhode Island, South Dakota, and Virgin Islands.
The State's "Age of Majority": Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Kansas, Kentucky, Louisiana, Maine, Minnesota, Missouri, Montana, New York, North Carolina, Oklahoma, Pennsylvania, South Carolina, Utah, Virginia, Washington, West Virginia.
Age 18: Mississippi
Age 19: Alabama, New Hampshire and Wisconsin
Age 19: Age of majority plus one year: Iowa and Tennessee
Age 20: Two years after child's 18th birthday: Texas
Age 21: Vermont and Wyoming
Age 21: Three years beyond the child's 18th birthday: Hawaii, Nevada, New Mexico, and North Dakota,
Age 22: Four years after the child's 18th birthday: Florida
Age 23: Ohio
Five years beyond child's 18th birthday: New Jersey
Four years after child's birth if brought by mother or alleged father; 18 years after child's birth if brought by guardian or next-friend of child: Nebraska
DNA Testing: DNA testing which creates a positive reading creates a rebuttable presumption that man is the Father of the child. The threshold percentage varies from State to State as follows:
95%: Alaska, Arkansas, Arizona, Florida, Iowa, Montana,
New York, North Dakota, Ohio, Oklahoma (Conclusive if 98%), and Puerto
Rico (Conclusive 98%)
97%: Alabama, Colorado, Georgia, Kansas, Massachusetts, Maine, New Hampshire, North Carolina, Rhode Island, South Carolina, and Wyoming.
98%: Missouri, Vermont, Virginia, Washington, and West Virginia.
99%: Connecticut, Delaware, District of Columbia, Hawaii, Indiana, Kentucky, Michigan, Minnesota (Temporary Orders With 92%), Mississippi, Nebraska, Nevada, New Jersey, New Mexico, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, Utah, and Wisconsin.
California-Paternity index of 100 or greater per California Family Code Section 7555(b)(2).
Q: What is paternity?
A: Paternity means being declared the legal father after the child is born. If the parents of a child were not married when the mother became pregnant or when the child was born, the child does not have a legal father until paternity is established.
Q: Does it matter how paternity is legally established?
A: No. Whether paternity is established voluntarily, administratively or by court action, the result is the same. In each case, the biological Father becomes the legal Father.
Q: What is voluntary paternity establishment?
A: People may believe that paternity can only be legally established by filing a case in court and having a judge decide the issue after testing is done or other proof is submitted. However, if both parents agree who the biological Father is, legal paternity often can be established by a simple process that doesn't require a court hearing in most States. This is called voluntary paternity establishment.
Q: What if the man is not sure he is the Father?
A:If both parents are willing, they may take a genetic test (usually a blood test) to determine if the man is the biological Father.
Q: Are genetic tests accurate?
A: New methods of scientific testing are nearly one hundred percent accurate in proving whether a man is the father of a child. Most testing laboratories now use DNA testing. The test results can show conclusively if a man is not a child's father or can show that a man is the Father to a high degree of certainty.
Q: What if the Mother is married to someone other than the biological father?
A: Generally, if the Mother was married any time in the ten-month period before the baby is born or when the baby is born, the Husband is presumed to be the child's legal father in virtually all States. In this situation, the voluntary process to establish paternity for the biological Father can only be used if the Husband gives written consent to another man being declared as the Father. If the husband will not consent, court action may be necessary to establish paternity. If the Husband cannot be located after reasonable effort, paternity may be established without his consent.
Types of Affidavits
In North Carolina, there are several types of affidavits that people can use to declare and provide evidence of certain facts. One common type is a general affidavit, which is a written statement made under oath that attests to various facts, such as personal details or events. Another type is a sworn statement, which is similar to a general affidavit but typically focuses on a specific incident or issue. Additionally, there are affidavits of fact, which are used to present evidence or provide clarification about a particular situation. Lastly, an affidavit of service is used to verify that legal documents have been properly delivered to the intended recipients. These affidavits are important legal tools that can be used to support claims or prove certain facts in North Carolina courts.
What is an Affidavit?
An affidavit is a written statement that someone makes under oath. It is used as evidence in legal proceedings or as a way to confirm facts. In North Carolina, an affidavit must be notarized, which means it needs to be signed in front of a notary public who acknowledges the signer's identity and oath. The notary public then puts their official seal and signature on the document. This process ensures that the affidavit is genuine and reliable. Affidavits can be used in various situations, such as in court cases, to prove someone's identity, or to provide information about a specific event or incident.
Difference Between an Affidavit and Sworn Statement
An affidavit and a sworn statement are legal documents used in North Carolina to provide evidence or information. The main difference between the two lies in how they are used and the authority they hold. An affidavit is a written statement made under oath, typically notarized, and is usually used as evidence in court proceedings. It requires the affine (the person making the statement) to swear or affirm that the information provided is true and accurate to the best of their knowledge. On the other hand, a sworn statement is similar to an affidavit but may not always need to be notarized. It is usually used in administrative or investigative settings and requires the affine to affirm that the statement is true under penalty of perjury. Both documents are important means of providing factual statements, but their usage and level of formality may vary depending on the context and legal requirements.
When is an Affidavit Used?
An affidavit is a legal document that is used when someone wants to provide a written statement or facts under oath. It is typically used in various situations, such as legal proceedings, court cases, or when someone needs to provide evidence or verify information. In North Carolina, an affidavit can be used similarly, where someone can use it to provide a sworn statement or details about a certain matter. It is important to make sure the information in an affidavit is truthful and accurate since it is a legally binding document.
How To Write an Affidavit
Writing an affidavit in North Carolina is not as complicated as it may seem. An affidavit is a written statement that is given under oath or affirmation and is used to support or provide evidence in a legal matter. To write an affidavit in North Carolina, you can begin by clearly stating your full name, address, and other personal details. Next, clearly explain the facts of the case or situation, using simple language and avoiding jargon or complex terms. Make sure to include specific dates, times, and locations when applicable. It's important to be honest and truthful in your affidavit, as you will be swearing that the information you provide is accurate. Once you have drafted your affidavit, you will need to sign it in the presence of a notary public who will then notarize it by affixing their official seal and signature. Remember to keep a copy of the completed affidavit for your records, as it may be needed for future reference.