How is paternity established in North Carolina law?

(a) The paternity of a child born out of wedlock may be established by civil action at any time prior to such child’s eighteenth birthday. A copy of a certificate of birth of the child shall be attached to the complaint. The establishment of paternity shall not have the effect of legitimation.

Can a father file a paternity suit after the baby is born?

You can file the suit the day after the baby is born, but you can’t before the baby is born. Ultimately, he can’t get out of child support. Child support is determined by the child support guidelines.

Who can bring an action or parentage in North Carolina?

An action brought under the North Carolina Statutes in the county in which the child resides, the mother resides, or the alleged father resides or is found or, if the father is deceased, in which proceedings for probate of his estate have been or could be commenced. Who may bring an action or parentage?

What is an action for ” paternity for parentage “?

What is an action for “Paternity for Parentage”? An action filed as a paternity case is to establish whether a person is or is not a natural parent of a child and, if parentage is established, to determine how the child will be parented and who should help pay for the support of the child.

(a) The paternity of a child born out of wedlock may be established by civil action at any time prior to such child’s eighteenth birthday. A copy of a certificate of birth of the child shall be attached to the complaint. The establishment of paternity shall not have the effect of legitimation.

Who is the legal father in North Carolina?

If the mother was married when the child was conceived and/or born, North Carolina law presumes that her husband is the child’s biological father and legal father. The husband is also presumed to be the father even if the parents were separated when the child was conceived or born.

Can a mother file a contested paternity action?

Voluntary Acknowledgment of Parentage or Paternity (in some States). Contested Paternity Action (Complaint to Establish Parental Relations or similar proceeding) Can be filed by the alleged Father, Mother, Child, or Child Support Division of the State.

When to file a paternity complaint in court?

Complaint for Paternity. If you mainly need the court to determine who is (or who is not) the father of a child, you can file this complaint as long as the child is age 20 or younger.