A paternity matter is an action that seeks to establish the biological relationship between a child and a father.  Proving or disproving paternity in North Carolina has a number of ramifications on child support, child custody and parenting rights.  There is, however, a legal distinction between the ‘legal father’ and the ‘biological father,’ and different laws apply in different situations.   

Establishing Paternity

Mothers or fathers may seek to establish paternity to resolve child support issues or disprove paternity to limit parenting access. Once paternity is established, the following typically occurs:

• The biological father obtains expanded custody and visitation rights;
• The child obtains the right the inherit from both parents;
• The father’s name will be placed on the child’s birth certificate;
• The child may access benefits like medical insurance, social security and others through the father;
• Joint decision-making is established regarding the best interests of the child.

Paternity in Marriage

Children conceived or born to married or separated couples assume that the husband is both the legal and biological father.

Legitimation of Out-of-Wedlock Children

Children born where the biological father is either not married to the mother or not the husband require extra legal steps to establish paternity and secure the legal rights of the biological father.

Paternity Fraud

Contesting paternity is an option for fathers who are uncertain if a child is his. In addition to DNA testing that establishes a biological link, formal representation is needed since the court may still rule a non-biological father as legally responsible.