My ex-partner has acknowledged paternity, does that automatically make him the legal father?
In North Carolina, acknowledgment of paternity does not automatically make the partner the legal father. Under North Carolina law, paternity is established through an administrative or judicial process. If a partner acknowledges paternity, the Department of Social Services or the court must still enter an order to make the partner the legal father. An administrative process is initiated by filing an affidavit with the Department of Social Services. This is a form that both parents complete and sign, acknowledging the man is the child’s father. After reviewing the affidavit, the Department of Social Services will enter an order determining paternity. In contrast, a judicial process requires a court hearing. This is a more formal process in which the court can review evidence to determine paternity. The court may hear testimony or consider other evidence, like DNA testing, to determine the parentage of the child. In either case, filing the affidavit or appearing in court, the man’s acknowledgement of paternity is still just a piece of evidence. After a review of evidence, the Department of Social Services or the court will enter an order declaring the man as the legal father.
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