Is a father legally obligated to pay child support if he is not named on the birth certificate?
In North Carolina, a father is not legally obligated to pay child support if his name is not on the birth certificate. This is because the name on the birth certificate is used as evidence of paternity; without tangible proof that the man is the father, the courts cannot require child support. However, if the father acknowledges paternity in any way, this can be used as proof of paternity. In North Carolina, if a father is not named on the birth certificate, there is a legal process available to establish paternity called Acknowledgement of Paternity (AOP). The AOP is a form completed by both the father and mother that declares paternity and establishes the father’s legal rights. A father who signs an AOP is legally responsible for the financial support of his child, and has a legal right to custody and visitation rights. If an AOP is not signed, the mother or father can file a complaint for paternity with the court. If paternity is then established through DNA testing or other method, the father may be legally obligated to pay child support. In North Carolina, if a father is not named on the birth certificate, he may be able to avoid a court ordered child support obligation by not signing an AOP or acknowledging paternity.
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