• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Schedule a Consultation(704) 248-7683
  • Home
  • About
    • Blog
    • Divorce Resources
  • Legal Team
  • Practice Areas
    • Family Law
      • Alimony
      • Child Custody
        • Third Party Custody
        • Grandparents’ Rights
        • Paternity and Legitimation
      • Child Support
      • Divorce
        • Absolute Divorce
        • Divorce From Bed and Board
        • Divorce Resources
      • Domestic Violence Protective Orders
      • Enforcement of Orders – Contempt
      • Equitable Distribution
      • Guardianship
      • Prenuptial Agreements
      • Postnuptial Agreements
      • Separation Agreements
        • Enforcement of a Separation Agreement
      • Spousal Support
      • Family Law A-Z
    • Civil Litigation
  • Testimonials
  • Consultation

Paternity and Legitimation

When unmarried parents end up in a custody or child support dispute, paternity sometimes becomes an issue. This often arises when the parties were unmarried at the time of conception or when the father’s name is not on the birth certificate. If there is a question of paternity, either party may move the court to order a paternity test be performed. Also, if the parties were unmarried at the time of birth, and plan to remain unmarried, the father may wish to file to legitimate the child.

 

Paternity actions are governed by N.C.G.S. § 49-14, which says that the paternity of a child born out of wedlock may be established by civil action at any time prior to such child’s eighteenth birthday AND prior to the death of the putative father, within one year after the date of death of the putative father (if a proceeding for administration of the estate of the putative father has not been commenced within one year of his death), OR within the period specified in N.C.G.S. § 28A-19-3(a) for presentation of claims against an estate (if a proceeding for administration of the estate of the putative father has been commenced within one year of his death). This is typically done by motion in a family court proceeding. 

 

On the other hand, legitimation is a special proceedings matter. Both the mother and father are necessary parties to the petition for legitimation, and a certified copy of a certificate of birth of the child must be attached to the petition. If it appears to the court that the petitioner is the father of the child, the court may declare and pronounce the child legitimated; and the full names of the father, mother, and the child shall be set out in the court order decreeing legitimation of the child. 

 

If you need help with establishing paternity and/or filing a legitimation proceeding, call one of the experienced attorneys at Emblem Legal to set up a consultation.

Primary Sidebar

Practice Areas

  • Civil Litigation
  • Family Law

Schedule a Consultation

    Want to know more?

    Talk with us.

      Footer

      Contact

      Charlotte Office logo Charlotte Office

      301 S. McDowell Street, Suite 1000
      Charlotte, NC 28204

      Tel: (704) 248-7683
      Driving Directions

      Practice Areas

      • Civil Litigation
      • Family Law

      Connect With Us

      The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this Web site, in whole or in part, or communication with the Emblem Legal, PLLC via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient. You should not send any confidential information in response to this webpage. Such responses will not create a lawyer-client relationship, and whatever you disclose will not be privileged or confidential unless this firm has agreed to act as your legal counsel and you have executed a written engagement agreement with Emblem Legal, PLLC.

      Emblem Legal, PLLC © 2023. All rights reserved. | Sitemap | Privacy Policy