Full question:
I had a child 16 years ago and was unsure of the paternity( between 2 men). I married one of them and he is listed on the birth certificate.I haven't heard from the other since then. I recently received a letter from the attorney of the other man requesting a paternity test. Do I have to do that? What are mine and my son's rights?
- Category: Paternity
- Subcategory: DNA Test
- Date:
- State: North Carolina
Answer:
Parents are legally required to provide for their children's needs, regardless of their marital status. If parents cannot agree on child support, a court may intervene to determine the contributions each parent must make.
In paternity matters, only certain individuals can initiate a paternity action, including the child’s mother, the alleged father, or the child themselves. In many states, a child has until one to five years after reaching the age of majority to establish paternity.
If a court orders a paternity test, it will review the request to ensure it has sufficient grounds. If ordered, the mother, child, and alleged father must be tested at a designated facility. A court's determination of paternity is final and will result in a new birth certificate if the ruling contradicts the original.
In North Carolina, for example, if a court determines a different individual is the father than what is listed on the birth certificate, a new birth certificate will be issued reflecting this change. You may be required to comply with a court order for a paternity test, and refusal could lead to contempt of court.
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.