Full question:
Filing for custody of a minor by the father. 18 month old/father is named on the birth certificate
- Category: Paternity
- Date:
- State: North Carolina
Answer:
Unmarried fathers have rights and responsibilities similar to those of married fathers. If both parents are living together but not married, they should ensure that both are recognized as legal parents. Both can be listed on the birth certificate. If the father is not listed, he may be added by contacting the state Bureau of Vital Statistics. Acknowledging paternity, either by signing a written acknowledgment or through a court order, is essential for the father to seek custody or visitation rights.
Paternity is the legal recognition of the relationship between a father and child. Parents must provide for their children regardless of their marital status. If unmarried parents disagree on financial support, the court can intervene to determine child support. Parents generally have the authority to make decisions regarding their child's education, health care, and religious upbringing. However, if there's a dispute about decision-making rights, courts can resolve it.
In most states, establishing paternity involves filing a civil lawsuit. Legal standing to initiate a paternity action typically includes the mother, the child, or the alleged father. A child may also file for paternity after reaching the age of majority, often within one to five years. In North Carolina, if paternity is established and contradicts the birth certificate, a new birth certificate will be issued to reflect the court's determination.
A court does not automatically order paternity tests upon filing a paternity action. It will review the petition to decide if a test is warranted. If ordered, the mother, child, and alleged father must be tested at a designated facility. A court's paternity determination is final, and a copy of the order is necessary to establish the child's rights.
According to North Carolina law (N.C. Gen. Stat. § 49-15), once paternity is established for an illegitimate child, the rights and obligations of both parents regarding custody and support are the same as if the child were legitimate. The father is also responsible for medical expenses related to the pregnancy and birth.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.