Single mothers are more common today than ever before. Society is changing and is much more accepting of single parenthood. About 40% of births in the United States are to single mothers. For comparison, in the 1960s, only about 10% of births in the U.S. were to single mothers. When children are born to single mothers, it can make establishing paternity more complicated. When children are born to married parents, the husband is presumed to be the father. However, paternity must be established for children of unmarried parents.
Ways to Establish Paternity in North Carolina
With so many births outside of marriage, it is essential to have methods in place to ensure that children have both mothers and fathers legally established. The mother is apparent at birth, but paternity must be established legally when the father is not married to the mother. Establishing the father allows the child to know both parents and typically provides for the father to be listed on the child’s birth certificate. There are two ways that unmarried parents can establish paternity in North Carolina.
Affidavit of Parentage
An Affidavit of Parentage (AOP) is the easiest way to establish paternity in North Carolina. The AOP is the voluntary admission of parentage made by parents of a child born out of marriage. There are two main options when submitting an AOP:
- At the Hospital – The hospital provides parents with an AOP form if requested at the time of the baby’s birth. Parents may opt to complete the form at the hospital, and if so, the father’s name will be put on the child’s birth certificate as long as there are no exceptions.
- Submit to NCOVR – Parents may submit an AOP to the North Carolina Office of Vital Records (NCOVR). There are several ways to submit the affidavit. Parents may submit through the local health department, through the County Clerk, through the Department of Social Services, or directly to NCOVR.
The AOP is voluntary, and both parents are required to sign the document, and it must be notarized. Parents may s
Court Order
When an AOP is not possible, parentage may be established through the courts. This option is the way to establish paternity when both parents are not willing to acknowledge it voluntarily. To start the process, you must contact the Clerk of Court in your county or your North Carolina Child Support Services office. A court order may be put in place to establish paternity. Generally, this means that the alleged father, mother, and child must submit DNA samples for evaluation. Once paternity is determined, the court will name the father.
Either parent may request a court order for paternity at any time before the child reaches the age of 18. If another man is already named as the child’s father on their birth certificate, the court must first disestablish that person’s paternity. The court must order the name removed from the child’s birth certificate through the NCOVR. It is important to note that even if the alleged father is deceased, the court will still be able to handle the matter and establish paternity in many cases.
Establishing paternity is essential for your child. An experienced attorney will help guide you through the process of establishing paternity and ensuring that your child has both parents properly named on their birth certificate. To learn more, contact us at Arnold & Smith, PLLC, at (704) 370-2828 for a consultation.
The family law practice group at Arnold & Smith, PLLC includes two Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_110/gs_110-132.html
https://vitalrecords.nc.gov/paternity.htm
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https://www.freeimages.com/photo/paper-family-1186206
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