A paternity suit is intended to determine the father of a
child whose parents were not married when the child was
born. Paternity is the legal determination of fatherhood
that must be established before a court can order child
support. Paternity also gives the child many rights,
including child support, access to medical records,
government benefits and more.
A woman can start the paperwork to establish paternity
when she is still pregnant. If the father accepts paternity
then a Declaration of Paternity can be filed with the local
child support agency. If the person denies paternity, a
genetic or paternity test can be ordered after the baby is
born.
When there is a dispute over who the father of a child
is, it may be necessary to bring a paternity suit to bring
clarity and ensure the child’s interests are protected. Most
states, including North Carolina, require that paternity be
established by a “preponderance of the evidence,” meaning
that paternity (or lack of paternity) is "more likely than
not." This test is the same test used in other civil
matters, such as negligence, contract law and malpractice.
This is the 50.01 percent test, meaning that if evidence is
even slightly greater than 50-50, it constitutes a
"preponderance of evidence."
However, many states insist on a higher standard, known
as the "clear and convincing evidence" test. This test is
more stringent (harder to overcome) than the "preponderance"
test, but not as strict as the "beyond a reasonable doubt"
test, the standard in a criminal case. Under North Carolina
law, oral acknowledgement of paternity may be sufficient to
meet the state's "clear, cogent, and convincing" evidentiary
standard for establishing a parent relationship for a child
born out of wedlock. The establishment of such a
relationship, however, does not legitimate the child nor
give the child retroactive inheritance rights. A paternity
test is a DNA test that determines whether a man could be
the biological father of a child. We all inherit our DNA
(the genetic material) from our biological parents. A
paternity test compares a child’s DNA pattern with that of
the alleged father to check for evidence of this inheritance
which is the most definitive proof of a biological
relationship.
Whatever the burden of proof on a person asserting or
denying paternity, recent developments in DNA testing may
make these distinctions irrelevant. With proper testing,
most cases are decided on scientific evidence that is almost
100 percent accurate. Science has effectively removed
paternity cases from usual rules of litigation and proof.
Now courts and legislatures talk about 97 percent or 99
percent certainties instead of terms like "preponderance of
the evidence."
The result of a paternity test is either an exclusion
(the alleged father is not the biological father), or an
inclusion (the alleged father is considered the biological
father). Once paternity has been established a paternity
suit can be filed to address issues of custody, financial
support, visitations and similar rights and obligations
normally handled in divorce suits.
Both parties in a paternity suit will require the
assistance of a qualified attorney in order to protect their
interests in these proceedings, particularly if there are
disagreements about the crucial issues of child support,
custody, and visitation. An attorney can represent the
parties in court and also provide general information about
the precedents in family law which may come into play during
the proceedings. A lawyer can also be useful in assisting
the parties with any subsequent issues that may arise even
after the formal paternity suit has been resolved.
