Paternity Assistance in in Greensboro, Durham, and all of the Middle District
Establishing paternity is the legal process of determining a child’s biological father. In North Carolina, when a child is born to married parents, the husband is legally presumed to be the father. However, for unmarried parents, paternity is not automatic. Without a legal determination of paternity, an unmarried father has no inherent rights to custody or visitation, and a mother may have no legal mechanism to secure child support.
At the Law Office of Stephen E. Robertson, PLLC, our Greensboro and Durham paternity attorneys help families navigate the complexities of North Carolina paternity laws. Whether you are a father seeking to assert your parental rights or a mother seeking financial support for your child, we provide the experienced, board-certified guidance you need to move forward.
“Mr. Stephen E Robertson is my child support lawyer… I’m very happy with the results. Now I hire him for my child custody lawyer and my family lawyer too for my upcoming events. I recommend people to hire this law firm.” — Troy
Methods of Paternity Establishment
In North Carolina, paternity can be established at any time before the child’s 18th birthday through two primary methods:
Voluntary Acknowledgment of Parentage
If both parents agree on the identity of the biological father, they can sign a Voluntary Acknowledgment of Paternity (Affidavit of Parentage). This is often done at the hospital immediately after birth, but it can also be completed later at a child support office or vital records office. Once signed and filed, this document has the same legal effect as a court order, allowing the father’s name to be placed on the birth certificate.
Civil Action and Court Orders
If paternity is contested or if one parent refuses to sign a voluntary acknowledgment, a Civil Action to Establish Paternity must be filed in court. Under N.C.G.S. § 49-14, the court will hear evidence to determine legal fatherhood. Our firm represents clients in these proceedings, ensuring that all procedural requirements—such as attaching a birth certificate to the complaint—are strictly followed.
The Role of DNA Testing
When there is any doubt regarding biological parentage, DNA testing (genetic marker testing) is the most reliable tool available.
- Reliability: In North Carolina, if a DNA test shows a 97% or higher probability of paternity, it creates a legal presumption that the man is the father.
- Court-Ordered Testing: If you are involved in a contested paternity case, the court has the authority to order the mother, child, and alleged father to submit to genetic testing.
- Peace of Mind: We often recommend DNA testing before signing a voluntary acknowledgment to ensure that the legal and financial obligations created are based on biological facts.
Rights of Unmarried Fathers
Under North Carolina law, an unmarried mother is initially the sole legal custodian of a child born out of wedlock. An unmarried father must take proactive legal steps to gain standing in court. Once paternity is established:
- Custody and Visitation: The father gains the right to petition the court for legal and physical custody or scheduled visitation.
- Inheritance and Benefits: The child becomes eligible for the father’s Social Security benefits, veterans’ benefits, and has the right to inherit from the father’s estate.
- Decision-Making: The father can participate in major decisions regarding the child’s education, healthcare, and upbringing.
Paternity Fraud and Setting Aside Orders
Unfortunately, there are instances where a man is led to believe he is the father when he is not. Paternity fraud occurs when a mother intentionally misrepresents the identity of the biological father.
Setting Aside an Affidavit or Order
If you discover you are not the biological father after already establishing paternity, North Carolina law provides limited windows to “set aside” the order or affidavit:
- The 60-Day Rescission: You have 60 days to cancel a Voluntary Acknowledgment of Parentage for any reason.
- Challenges Based on Fraud or Mistake: After 60 days, you must file a motion alleging fraud, duress, or mutual mistake. Under N.C.G.S. § 110-132, the court may set aside the paternity determination if DNA testing subsequently proves you are not the biological father.
Our attorneys are highly skilled in handling these sensitive “disestablishment” cases, working to relieve you of child support obligations if you are the victim of fraud or mistake.
Paternity FAQ
Legal paternity protects the child’s future rights to insurance, inheritance, and support. It also ensures the father has a legal right to see the child if the relationship between the parents sours.
Yes. Through the UCCJEA and interstate support laws, we can pursue paternity establishment even if one parent has moved out of North Carolina.
If a court-ordered test excludes you as the father, the paternity action will be dismissed, and you will have no legal or financial obligation to the child.
No. Being on the birth certificate establishes paternity, but it does not grant specific custody rights. You must still obtain a court-ordered parenting plan to enforce your rights.
This is the level of proof required in a North Carolina paternity trial. It is a higher standard than a typical civil case, requiring strong evidence—usually DNA results—to prevail.
Protect Your Relationship and Your Rights
Whether you are seeking to prove you are a father or need to challenge a wrongful paternity claim, the Law Office of Stephen E. Robertson provides the technical expertise and compassion your case deserves. Contact us today to schedule a consultation with a Board Certified Family Law Specialist in Greensboro or Durham and all of the Middle District.