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Articles Posted in paternity

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Determining Paternity for Child Support Purposes

Establishing legal parenthood is simple for married couples. According to North Carolina law, when a married couple has a baby, both parents are considered the legal parents by default. For unmarried parents, establishing paternity can take a little more effort. Importance of Establishing Paternity   An order for child support…

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Standing and Jurisdiction in Nonparent Custody

Gilleland v. Adams, 2023-NCCOA-9 (unpublished)  Facts: Defendant gave birth to a child in 2017. Plaintiff claimed he was the father and filed for custody. Defendant filed her answer and also a motion to dismiss, citing to Rules 12(b)(1) and 12(b)(6) of the North Carolina Rules of Civil Procedure and arguing…

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Fathers – Natural, Legal, and Presumed

What happens when a wife gives birth during a marriage, but the husband is not the biological father per DNA? Paternity in North Carolina is a legal issue—there are rights and responsibilities that come with being a legal father. As a primer, the common terminology in this area of law…

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