Skillful North Carolina Attorney Helps Clients in Paternity Disputes

Dedicated Sanford family lawyer provides well-informed legal advocacy

As an experienced family lawyer at the Law Office of John M. Holmes, Jr. in Sanford, I have extensive experience helping clients who are engaged in disagreements about paternity in North Carolina. You can rely on me to fight diligently for your rights and interests if you wish to establish paternity.  

How is paternity established in North Carolina?

When a child is born to married parents, the law presumes that the husband is the child’s father and his name goes on the child’s birth certificate. This isn’t the case when parties are unmarried. Unmarried parents may voluntarily establish paternity by both signing a legal form called an Affidavit of Parentage in front of witnesses. However, if paternity is disputed by either party, then it may be necessary to bring a legal action through the court. In this situation, the judge would order genetic testing to establish whether the man is the biological father. As a highly experienced family law attorney in North Carolina, I can provide knowledgeable guidance throughout the legal proceedings.

What are the advantages of establishing paternity?

Unmarried fathers who wish to be part of their children’s lives must establish paternity in order to potentially have child custody or visitation rights. Without paternity established, you would also have no rights when it comes to making decisions for your child regarding their education, religious upbringing and more. Furthermore, if the mother of your child decides to put him or her up for adoption, you cannot fight it without having established paternity. Mothers of children born out of wedlock may wish to establish paternity for purposes of receiving child support from the father. If paternity is not legally established, he cannot be made to pay support.

Whatever your unique situation is, my law firm can help you to understand your rights and guide you through the process of establishing paternity.

Reversing a child support order if you learn you are not the father

In some cases, a man who was married when his wife gives birth or who signed the Affidavit of Parentage in the hospital after a child was born to his nonmarital partner might come to believe he is not the youth’s biological father. The man could file a motion for relief from his child support obligation due to disestablishment of paternity and the outcome would hinge on the result of a court-ordered genetic test. In these cases, it is generally not possible to recover past support payments made when the man still assumed he was the father of the child. Should the court grant this motion, the man would no longer be legal parent of the child and would lose any custody or visitation rights. If you are looking to dispute paternity, an experienced attorney can walk you through the process and help you file the necessary documents.

Contact a knowledgeable Sanford family lawyer for assistance with your paternity issue

At the Law Office of John M. Holmes, Jr. in Sanford, I have extensive experience helping North Carolina residents establish paternity and resolve paternity issues. Call my firm at 919-897-2423 or contact me online to arrange a free consultation.