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Paternity Suits |
A paternity suit is
intended to determine the father of a child whose
parents were not married when the child was born.
Paternity is the legal determination of fatherhood that
must be established before a court can order child
support. Paternity also gives the child many rights,
including child support, access to medical records,
government benefits and more.
A woman can start the paperwork to establish paternity
when she is still pregnant. If the father accepts
paternity then a Declaration of Paternity can be filed
with the local child support agency. If the person
denies paternity, a genetic or paternity test can be
ordered after the baby is born.
When there is a dispute over who the father of a child
is, it may be necessary to bring a paternity suit to
bring clarity and ensure the child’s interests are
protected. Most states, including North Carolina,
require that paternity be established by a
“preponderance of the evidence,” meaning that paternity
(or lack of paternity) is "more likely than not." This
test is the same test used in other civil matters, such
as negligence, contract law and malpractice. This is the
50.01 percent test, meaning that if evidence is even
slightly greater than 50-50, it constitutes a
"preponderance of evidence."
However, many states insist on a higher standard,
known as the "clear and convincing evidence" test. This
test is more stringent (harder to overcome) than the
"preponderance" test, but not as strict as the "beyond a
reasonable doubt" test, the standard in a criminal case.
Under North Carolina law, oral acknowledgement of
paternity may be sufficient to meet the state's "clear,
cogent, and convincing" evidentiary standard for
establishing a parent relationship for a child born out
of wedlock. The establishment of such a relationship,
however, does not legitimate the child nor give the
child retroactive inheritance rights. A paternity test
is a DNA test that determines whether a man could be the
biological father of a child. We all inherit our DNA
(the genetic material) from our biological parents. A
paternity test compares a child’s DNA pattern with that
of the alleged father to check for evidence of this
inheritance which is the most definitive proof of a
biological relationship.
Whatever the burden of proof on a person asserting or
denying paternity, recent developments in DNA testing
may make these distinctions irrelevant. With proper
testing, most cases are decided on scientific evidence
that is almost 100 percent accurate. Science has
effectively removed paternity cases from usual rules of
litigation and proof. Now courts and legislatures talk
about 97 percent or 99 percent certainties instead of
terms like "preponderance of the evidence."
The result of a paternity test is either an exclusion
(the alleged father is not the biological father), or an
inclusion (the alleged father is considered the
biological father). Once paternity has been established
a paternity suit can be filed to address issues of
custody, financial support, visitations and similar
rights and obligations normally handled in divorce
suits.
Both parties in a paternity suit will require the
assistance of a qualified attorney in order to protect
their interests in these proceedings, particularly if
there are disagreements about the crucial issues of
child support, custody, and visitation. An attorney can
represent the parties in court and also provide general
information about the precedents in family law which may
come into play during the proceedings. A lawyer can also
be useful in assisting the parties with any subsequent
issues that may arise even after the formal paternity
suit has been resolved. |
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