Legal Question in Family Law in North Carolina

Re: paternity tests

If the mother and child live in North Carolina, you could file here regardless of where you live. This is because a Plaintiff submits to the personal jurisdiction of the state in which he files an action. You can't confer "subject matter jurisdiction" however by consent. So generally, you will file where mom and child live.

I know you are asking about "paternity" but you might also want to file a Petition for Legitimation. In NC, we still have bastardy laws on the books. In order for your child to have all the benefits of legitimation, a Court Order legitimizing your child would be needed in NC. This would allow you child to inherit without a will, sue for wrongful death in the event you are killed in a car accident, etc....

Always consult with an attorney licensed to practice in the jurisdiction where you will litigate so that the attorney can obtain all of the facts and advise you accordingly. This general information applies to NC only.

For more information and to ask a question specific to North Carolina and obtain legal advice, visit our Virtual Law Office at www.RiceFamilyLaw.com

Re: paternity tests

If the child is a resident of the State of Rhode Island then the father should file a petition for Paternity in Rhode Island because Rhode Island is the forum with jurisdiction over the child (and presumably the mother if she is in Rhode Island caring for the child). The father can submit his sample for paternity testing whereever he may be voluntarily, but to order the child and mother to submit to the testing (depending upon the type of testing) the court must have jurisdiction over the child and mother. Thus, Rhode Island is the best place to file the Paternity petition.

Laws may allow for jurisdiction by the father's state in some round-about manner, but enforcement would prove to be an issue. The question is best put as to where is the best place with jurisdiction to file such a petition. The answer is Rhode Island.