In North Carolina, there are two ways to establish paternity when you are not and were not married

to the child’s other parent:

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• Signing an affidavit of parentage: Filing an affidavit of parentage has the same legal effect as establishing paternity, in that you are deemed the child’s father and responsible for the child’s support. This affidavit is typically completed at the hospital when the child is born, but you can also obtain the form online and file it yourself. You shouldn’t sign the affidavit unless you are certain about paternity, because you’re making a legal commitment that can be difficult or impossible to undo.

• Filing a paternity action. Paternity can also be established in court. Either parent may initiate a paternity action. Unless the parties agree, the judge will make a determination after considering evidence, which will typically include DNA testing. 

 

If paternity hasn’t been established, the biological father is not legally the father. That means he has no custody or visitation rights unless and until paternity is established. 

 

In North Carolina, paternity can be established at any time before the child turns 18. A father who didn’t know about the child when he or she was born or was unable to locate the mother or just didn’t take prompt action to establish his rights, can do so at any point before the child reaches adulthood. Similarly, the mother can seek to establish paternity and the father’s obligation to support the child shortly after the child is born or later. However, a father’s options for custody and visitation may be more limited if he comes into the child’s life later.

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Talk to a North Carolina Paternity Lawyer Before You Make Any Decisions

Establishing paternity is critical to securing the father’s relationship with the child and the child’s right to support from both parents, but executing an affidavit of paternity or acknowledging paternity in a court proceeding creates obligations, too. If you’re at all uncertain about who the child’s biological father is, seriously consider genetic testing before you make any commitments. 

 

If you’re moving forward with establishing paternity, think carefully about what you want. This is the best opportunity for both parents to consider their roles in the child’s life and how time and decision-making will be shared.

 

An experienced paternity attorney can be your best resource. 

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Frequently Asked Questions about North Carolina Paternity

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Is legitimating a child the same as establishing paternity? 

No. There are several key differences between legitimating a child and establishing paternity. Legitimation establishes the status of the child while paternity establishes the status of the father. In a legitimation action, a man legally acknowledges that a child is his. This entitles the child to certain legal rights, including the right to inherit personal and real property from the child’s father and the right to sue for the wrongful death of the father. Only a man claiming to be the father can initiate a legitimation action.

 

A claim for paternity is about identifying the biological father of the child. Paternity does not automatically extend the same rights that legitimation does. Paternity claims are most often initiated for the purpose of pursuing child support claims. A claim to establish paternity may be filed by the putative father, mother, their representatives, or by the child himself. 

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What if my child’s father won’t sign an affidavit of parentage? 

You can initiate a court proceeding to determine paternity. If your child’s father denies that he is the father or is uncertain, the court can order testing to determine paternity. Once paternity is established, the same court can enter other orders, such as a child support order. 

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What are my rights as a father if paternity has not been established?

If a child’s biological parents are not married, the biological father is not the legal father unless and until paternity is established. That means the father has no legal rights, except the right to attempt to establish paternity. The mother may choose to allow the father to spend time with the child or may choose not to, and that decision could change at any time. Establishing paternity is the best way to protect your rights and your relationship with your child. 

 

What if I don’t believe I’m the father? 

If you have doubts, don’t sign an affidavit of parentage or admit in court that you are the father. If the mother or the state has initiated a paternity proceeding and you don’t think the child is yours, you can request genetic testing to find out for sure. Paternity is a lifetime commitment, so make sure you have all the facts.

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I signed an affidavit of parentage, but now I don’t think I’m the father. What can I do? 

There is a brief window during which either parent may request rescission of an affidavit of parentage. After that time has passed, it is still possible for the court to set aside the affidavit. The burden is on the party requesting that the affidavit be set aside to establish cause to set aside the affidavit. That means proving either that the affidavit was executed as a result of fraud, duress, mutual mistake or excusable neglect, or that DNA tests have shown someone else to be the father.

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