Q: Can I file for a court ordered paternity test in North Carolina if I'm in California?
My ex & I are both from California. She was cheating on me & ended up taking off with her ex husband, to North Carolina, while she was 7 months pregnant with my son & gave birth out there. For the past 5 months I've had no way to get a hold of her or contact her, she went completely off the radar, until about a week ago, when I found out where she was on one of those truth finder apps. I found out that she put her husband down as the father on the birth certificate & gave him his last name as well. He was told he was unable to have kids over 12yrs ago by a doctor. I found that out from his other ex wife. How do I go about getting a court ordered paternity test? I paid for a prenatal test twice & she didn't show up either time. I want to see my son if not get custody of him & bring him back to California.
A:
In your situation, establishing paternity is a critical first step to address your concerns about your potential son. Under California law, as an alleged father, you have the right to petition for a paternity test to determine if you are the biological father of the child. However, since the child and the mother are currently residing in North Carolina, you may need to file this petition in North Carolina, as jurisdiction typically lies in the state where the child resides.
It's advisable to seek legal representation, either in California or North Carolina, to guide you through this process. An attorney can help you understand the specific procedural requirements and ensure your petition is properly filed. They can also advise on the implications of the paternity test results and potential next steps, which may include pursuing custody or visitation rights.
Remember, paternity and custody matters can be complex, especially when dealing with interstate issues. The legal process may be lengthy and emotionally challenging, so it's important to prepare yourself for various outcomes and the impact this process may have on all involved parties, particularly the child.
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