Paternity

What are a Father’s Rights in North Carolina?

Published on: February 8, 2023 | On behalf of Arnold & Smith, PLLC

What are a Father’s Rights in North Carolina?

A child has two biological parents, and both often play important roles in their life. Although a mother gives birth, both the mother and father have rights and responsibilities. Generally, both parents are allowed to spend time with their children. One parent typically has physical custody of the child, while the other has regular visitation. Both parents often share legal custody that allows them to make important decisions for their child regarding health, education, religion, and more. An experienced family law attorney will help protect your parental rights.

Can a Father Get Custody?

How Do I Establish Paternity in North Carolina?

Published on: November 9, 2022 | On behalf of Arnold & Smith, PLLC

Children are born to two parents, and both parents have rights and responsibilities. Sometimes, paternity is not automatic. In order to ensure parental rights, paternity might need to be established through legal channels. While you may know that you are the biological parent of a child, the law must confirm this in order to be able to make decisions for your child, order child support, and determine custody and visitation. A skilled family law attorney will help you resolve paternity matters and protect your parental rights.

When parents are married when the child is born, the law presumes that the husband is the father in most cases. If the father’s name is on the birth certificate and the parents later marry, no further action is needed to establish paternity. Paternity is the way to make sure that the biological father is the legal father of a child. Although parents may understand who the father is, the law does not assume paternity when the parents are not married.

https://youtu.be/iBTSY6ufZu8

What are the Rights of Unmarried Parents?

Published on: May 11, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How is the amount of child support decided in North Carolina?”

The family dynamic has been changing over the last several decades. Today it is much more acceptable to give birth to children out of wedlock. According to the Centers for Disease Control and Prevention, CDC, approximately 40.5% of all live births in the United States in 2020 were to unmarried women. While there are many children born to single parents, there are many issues that may arise in regards to child care, custody, support, and visitation. Both parents need to understand their obligations, responsibilities and rights when it comes to their biological children.

Five Reasons Why You Should Establish Paternity as an Unmarried Father

Published on: April 14, 2021 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Can I keep my Kids from seeing the other parent?”

A child born during a marriage is automatically considered an heir to both parties of the marriage. However, when a child is born to unmarried parents, the father should establish paternity (the unmarried mother is legally considered the parent).

Pennsylvania Court Tackles Tricky Issue of Paternity

Published on: January 31, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” If I remarry, can they look at my new spouse’s income?”

You might think that determining paternity these days would be a fairly simple process. There is no longer a need for lengthy trials, witness testimony and a weighing of factors. A simple, fast, affordable genetic test can arrive at a definitive answer in record time. Though genetic testing allows for speedy resolution to the biological question of paternity, courts have, in some cases, been reluctant to let genetics dictate the answer to the legal question of paternity.

Paternity in North Carolina

Published on: July 19, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What rules are there for Father’s Right in NC?”

When it comes to paternity, the law in North Carolina has been designed to favor married couples. Married couples benefit because when a child is born to a married couple, the husband and wife are automatically viewed as being legal parents of the child. This can be a great thing in that it immediately bestows important rights and responsibilities on the couple, saving the hassle of having to establish paternity. The problem is that this can work against some couples, specifically, those where the child born during the marriage is not the biological child of the husband. In these cases, the father will have to fight a rather long battle to have the presumption of paternity reversed. To learn more about paternity and how it can prove problematic in certain custody/child support cases, keep reading.