Q: How can a father disestablish paternity in NC if previous tests conflicted?
I had a DNA test when I was 14 weeks pregnant, which confirmed him as the father. In 2023, he did another DNA test that indicated he is not the father, but he didn't inform me of this result until November 2024, after I served him with a child support order. We have a court-ordered DNA test pending. Prior to joining the military two years ago, we had 50/50 custody of our 7-year-old child. How easy is it for him to disestablish paternity under these circumstances?
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A:
In North Carolina, disestablishing paternity after previously acknowledging or establishing it can be quite challenging, particularly given your unique situation with conflicting DNA tests and an existing custody arrangement.
Your case presents several complex factors that could affect the outcome. The initial DNA test during pregnancy, combined with his two-year history of 50/50 custody, establishes a strong presumption of paternity. His significant delay in bringing forward the 2023 DNA test results might also work against him in court, as judges often consider the best interests of the child and the established parent-child relationship.
The pending court-ordered DNA test will be crucial, but even with results showing non-paternity, the court will weigh multiple factors. These include the length of time he has acted as the father, the child's emotional bonds, and whether severing the legal parent-child relationship would harm your child's wellbeing. Given that he actively participated in custody and parenting for seven years, the court may be reluctant to disestablish paternity unless there are compelling reasons beyond just DNA results. You should gather all documentation of his past acknowledgment of paternity and involvement in the child's life, as these will be important factors in any legal proceedings.
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