Legal Question in Family Law in North Carolina

I have a seven-year-old daughter. A couple years ago, a male friend signed an affidavit of parentage in North Carolina and his name was put on her birth certificate. We both knew he was the not the biological father, but we were trying to create a family together at that time. We have since irrevocably parted ways, and we have both agreed that it is best if his name is not on the BC anymore. My daughter's actual biological father has never been involved; he was aware of the pregnancy, but was not ready to be a father.

The man who signed the affidavit is in NC, while my daughter and I live in New Hampshire. He is willing to sign a form to revoke his parentage; I just need to find out what steps to take now. Thank you.


Asked on 11/01/15, 8:05 pm

1 Answer from Attorneys

This will likely be offensive to you! Its basically just cold hard fact that you are likely already aware of. Its not meant to be offensive but it will likely be offensive to you anyway. You have basically done virtually everything wrong, at least, with regard to the administrative aspects of having a daughter. Some of it very likely fraudulent. A criminal fraud, perjury and / or other charges(s) and / or a tax audit are all a distinct possibility. Especially if any undeserved refunds / social services were obtained as a result of the fraudulent affidavit. So while you have "both agreed that it is best if his name is not on the BC", you may want to re-think that and let sleeping dogs lie until you can consult with a local attorney or you could open a very unpleasant can of worms. However, it is very likely you already know all of this because generally speaking, no woman is as happy as you seem to be to allow 'daddy-o' outta child support. So unless he is a complete worthless deadbeat, I suspect the man who signed the affidavit is threatening to rat you out as at least aiding and abetting if you attempt to hit him up for child support. Anywho, since you and child live in New Hampshire, this is an issue for a New Hampshire lawyer and you should consult one ASAP abd follow their recomendations. In the future, do not lie or knowingly allow lies like this or under certain circumstances - you could do jail time. Best of luck to you!

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Answered on 11/03/15, 11:01 am


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