Legal Question in Family Law in North Carolina

I fathered a child about six years ago in a short term dating relationship. The mother and I parted ways before the birth of the baby. I was not present for the child's delivery, nor did I sign the birth certificate. I did have a paternity test that supported allogations that I was the biological father. At that time, I relinquished all parental rights and guardianship. I have never visited with the child, nor paid any kind of child support. I've had no contact with the mother. Today, I learn that six years later, I'm being sought for child support. I live in NC. Is this legal? Do I have financial obligations if I relinquished my rights at birth? There was no attorney involved, only a document signed between the mother and I.


Asked on 7/11/12, 12:26 pm

1 Answer from Attorneys
Rachel Hunter

15 minutes of pleasure - 18 years of pain.

I don't know how you possibly could have relinquished a duty to pay child support. If it was this easy to do fathers would be lining up in droves. Custody/visitation has nothing to do with support. You do not have to see the child or visit the child or be a good dad. But you do have to legally support the child until the child turns 18 or graduates from high school (support will be determined by the law of the state where the child lives - if in NC, its 18 or graduation from high school, whichever is LAST to occur, but in no event does support continue past age 20 assuming the child is not handicapped). And if the mother receives any kind of public assistance, the department of health and human services will require you to support the child.

In NC, the mother can seek retroactive support for the past 3 years plus future support from the day that the petition is filed. So if this is in NC, you are already in arrears. If a DNA test has shown you to be the father, you will have to support the child until your parental rights are formally terminated by an adoption.

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Answered on 7/11/12, 9:43 pm


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