North Carolina's Laws on the Rights of Unmarried Fathers

Understanding Paternity in North Carolina

In North Carolina, as in many other states, the rights of unmarried fathers are distinct from those of married fathers. When a child is born to a married couple, the law presumes that the husband is the biological father. However, for unmarried fathers, paternity must be established before any legal rights or responsibilities are assigned.

Establishing Paternity

To establish paternity in North Carolina, an unmarried father can sign a voluntary acknowledgment of paternity form at the hospital right after the birth of the child. This form is also available at county social services agencies and registers of deeds offices. If both parents agree on the identity of the biological father, this process can grant him legal rights to his child.

If there's a dispute over paternity, either parent can file a paternity lawsuit to have the court determine paternity. Genetic testing may be ordered by the court to establish whether the man in question is the biological father.

Rights and Responsibilities Once Paternity is Established

Once paternity is legally established, an unmarried father has the same rights and responsibilities as a married father. These include the right to seek custody or visitation and the responsibility to provide financial support for the child.

North Carolina's laws aim to promote the child's best interests when making determinations regarding custody and visitation. The court will consider various factors, such as each parent's living situation, relationship with the child, and history of caretaking.

Legislation and Court Decisions Impacting Unmarried Fathers

North Carolina law has evolved through legislation and court decisions that recognize the importance of a father's role in their child's life. For example, in Price v. Howard, 346 N.C. 68 (1997), the North Carolina Supreme Court recognized that biological fathers have a protected interest in their relationship with their children that should not be dismissed simply because they are not married to the mother.

The Importance of Legal Assistance

Navigating paternity laws can be complex, and it's often beneficial for unmarried fathers to seek legal counsel to understand their rights and responsibilities fully. An attorney can help with filing appropriate paperwork, representing fathers in court proceedings, and ensuring their rights are protected throughout the paternality establishment process.