Legal Question in Family Law in North Carolina

paternity established after nine years w/ another man''s name

I have established paternity of a nine yesr old child. The mother told me that I was not the father (she lied about the dates of possible conception). and she put her estranged husband's name on the birth certificate. Is their any action I can take to lower child support i.e. to finance getting aquainted with the child, 1200 mile round trips and lodging for visitation?... Possibly claim the child on my taxes or alternate years which I may claim the child?... Do I have to retain an attorney to file fovisitation?


Asked on 4/29/04, 2:55 am

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: paternity established after nine years w/ another man''s name

Your question is confusing.

However, If the mother named someone else as "the" father on the child's birth certificate, ie., her husband, he is the person obligated to pay child support, not you.

If you Petitioned the Court for Paternity, of the child and the Court Ordered child support, and the support is too high; then you should Petition for downward modification of support, based upon your costs of maintaining? contact. But, if the child was conceived and born out of state or the current distance from you, the Court is unlikely to reduce support for that reason.

You may Petition the Family Court, for Visitation, without a lawyer.

If the child does not know you, at all, and is very young, you will probably not be given overnight visitation initially.

If the child is old enough to decide whether he or she wants to see you, the Court may order visitation that requires the child's cooperation, which may not be forthcoming.

Reccommend that you let the child know, or the mother, if possible, that you are interested to becoming friends, but that you will do nothing more, unless and until the child seeks contact with you.

Whatever the case, avoid creating conflict or disruption in your child's household.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 4/30/04, 8:26 pm


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