Charlotte Divorce Lawyer Blog
Does A Father Need a Paternity Test in North Carolina?
Parenthood is a wonderful experience. When you bring a child into the world, your whole life changes. Children are often at their best when they have two parents who are involved in their lives. When a child is born to unmarried parents, the father may need to take legal steps to ensure that he remains part of the child’s life. This often requires a paternity test in North Carolina.
Husband is Presumed to Be the Father
When parents are married, the husband is presumed to be the child’s father, and his name is put on the birth certificate. When parents are not married, the child’s father is not presumed. There are two main ways to prove fatherhood. The simplest way is for both parents to sign an Affidavit of Parentage. This is a voluntary legal document that requires the signature of both mother and father. The other way to prove paternity is by filing a civil lawsuit.
What is a Paternity Test?
A paternity test is a test to determine the father of a child. It is also called a DNA test. A paternity test works by matching the DNA of a child with a parent. The results of DNA tests are generally up to 99% accurate. The court will utilize the results of a paternity test to legally declare paternity of a child. The test is non-invasive and requires a cheek swab (buccal test) from both the child and potential father for comparison in a lab.
Why Would I Need a Paternity Test?
A paternity or DNA test is necessary when you want to establish paternity through the court. A father who is unnamed on a birth certificate will not be afforded the rights of fatherhood until parentage is established. Once paternity is established, the father may seek custody and visitation, and also may be required to provide child support. Either the mother or father may file a lawsuit to determine paternity. For example, a mother may wish to legally determine paternity as the first step in requesting child support.
Courts Recognize Paternity Tests
DNA tests are considered scientifically reliable by the court. The court will order the mother, father, and child to take DNA tests. The test results generally must show that there is at least a 97% probability that the man is the child’s father in order for the court to proclaim paternity. If the man is not the father, the test will typically show 0%. This simply means that there is no chance that the man is the father of the child, based on test results. If the test proves paternity, the court will proclaim that the man is the child’s father, and the court will order the father’s name to be added to the birth certificate.
A parent may establish paternity at any time until the child reaches age 18. Legal guidance will make the process easier and less stressful. To learn more, contact our legal team at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation.
The family law practice group at Arnold & Smith, PLLC includes multiple 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://vitalrecords.nc.gov/paternity.htm
https://dcr.mecknc.gov/child-support/paternity-establishment-children-born-outside-marriage
See Our Related Video from our YouTube channel:
https://www.youtube.com/user/ArnoldSmithPLLC?feature=watch
See Our Related Blog Posts:
How Do I Establish Paternity in North Carolina?
Can an Unmarried Father Get Visitation of His Child?