Q: Do I need a lawyer in my county or the county where the baby will be born to discuss and establish paternity?
I live in Oxford. The baby will be born in Jacksonville. We took a DNA test that states I am a 99% match. Neither parents are married and based on the results I wish to file for legitimation.
A: The only way to legitimate the baby is to get married prior to the child's birth. If you and the mother are not married at the time of the birth, the child will be illegitimate (colloquially known as a bastard). However, if you want to legitimate the child in terms of being on the birth certificate and establishing paternity and rights as the father, an affidavit needs to be filed after the birth. If the mother does not contest, you will not need to a proper DNA test after the child is born. You can also address issues such as custody, visitation and support easily and affordably with a simple Parenting Agreement if the mother is agreeable. Otherwise you will have to duke it out in Court and is expensive. All of this will need best be done in Onslow County if that is where the child is born and resides. We would be happy to discuss this further with you if you'd like, just call us at (910) 333-9679 to schedule a consultation.
1 user found this answer helpful
A:
You can legitimate at child, by doing one of the following:
1. The child will automatically be legitimate and you will go on the birth certificate, if you and the mother are married prior to the child's birth.
2. You can file an action for legitimation at any time prior to the child's 18th birthday (assuming the child has not been adopted by someone else before you file). Once legitimated, the birth certificate will be amended to add you.
3. You can marry the mother after the child's birth, and the child will then become legitimate, and you will be placed on the amended birth certificate.
After birth, you could sign and file an Affidavit of Parentage. This must also be executed by the mother, if you are to be placed on the child's birth certificate.
After birth, you could file for paternity (not the same as legitimation).
After birth, you and the mother can enter in to a Parenting Agreement, or you could file an action for custody/visitation, regardless if the child has been legitimated or if you have established paternity.
You can file custody in any county in North Carolina; however, it is best to do it in a county where either parent resides.
1 user found this answer helpful
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