Charlotte Paternity and Legitimation Lawyer

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Paternity And Legitimation
Charlotte Paternity and Legitimation Lawyer.

Proving that someone is a child’s biological father can be vital to protecting the rights and best interests of the child, the mother, and other family members. Unfortunately, establishing paternity and going through legitimation are complicated and often contentious processes, especially if the courts have to get involved.

If you need help proving a parental relationship, working with a Charlotte paternity and legitimation lawyer could do a lot to boost your chances of getting a favorable result from your legal proceedings. In addition to explaining how these processes work in legal terms, a qualified family attorney could enforce your rights as a father and help you understand the responsibilities that come with paternity. En Español

How Are Paternity and Legitimation Different?

Legitimation and paternity are completely different and separate legal proceedings, as a seasoned attorney in Charlotte could further explain. In brief, the legitimation process is about proving the status of the child and demonstrating that they maintain certain legal rights, Legitimation also affects the privileges, rights, and obligations of the father. Legitimation can be important not just for things like child support, but also so the child can have access to their medical history and qualify for social security.

A paternity action, meanwhile, is about proving the father’s status in relationship to a child. If a biological mother wants to have a court determine that a man is the biological father of her child, she needs to bring a paternity action. While a paternity action does not legitimate a child, a legitimation action can establish paternity.

Methods for Legally Establishing Paternity.

When a child is born to a married couple, there is an automatic presumption that the couple are both the biological and legal parents of that child, which means there is no need to go through any extra steps to formally establish paternity. However, if a child is not born to a married couple, establishing paternity becomes a necessity.

While a biological paternity test can be a good option for establishing paternity and legitimation in certain circumstances, there are other ways to determine the rights of mothers and fathers. For example, if a couple marries after having a child, then paternity can be established retroactively with consent from both spouses. For unmarried parents, the situation can be more complicated, since fatherhood is not presumed and the father is at risk of losing his paternal rights and responsibilities, including visitation.

Affidavit of Parentage.

The easiest way for unmarried parents to establish paternity over a child is by signing an “affidavit of parentage.” This can be done immediately after their child is born, or it can be done retroactively. Either way, this affidavit serves as a legally binding declaration of parentage that can be exceptionally difficult to change afterwards, so it is generally wise for prospective fathers preparing to sign this kind of affidavit to get at least basic DNA testing done first, just to confirm their link to the child.

Paternity Action.

The last option, as previously mentioned, is a paternity action brought before a judge, which is generally only necessary if a child’s alleged father does not wish to be declared or does not believe they are that child’s biological parent. If the judge orders paternity testing as part of a paternity action, a result of 97 percent probability or greater that the alleged father is biologically related to the child is sufficient for the court to establish paternity and, at the same time, potentially establish financial obligations and custody rights.

A Charlotte Paternity and Legitimation Lawyer Could Help.

Any question about your child’s parentage can lead to problems getting financial support or an adequate custody arrangement. Resolving this kind of issue quickly and conclusively can be vital to preserving your family’s future prospects, so working with dedicated legal representation should be a priority.

If you need legal advice about your child’s rights and your rights as a parent, do not wait to contact Sussman Law Firm. Our experienced attorneys can help you protect your rights through skilled representation. Call today to discuss how a Charlotte paternity and legitimation lawyer could assist you.

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