Establishing legal parenthood is simple for married couples. According to North Carolina law, when a married couple has a baby, both parents are considered the legal parents by default. For unmarried parents, establishing paternity can take a little more effort. Continue reading →
Gilleland v. Adams, 2023-NCCOA-9 (unpublished)
Facts: Defendant gave birth to a child in 2017. Plaintiff claimed he was the father and filed for custody. Defendant filed her answer and also a motion to dismiss, citing to Rules 12(b)(1) and 12(b)(6) of the North Carolina Rules of Civil Procedure and arguing that Plaintiff could not bring a custody case because he was not the father. The parties consented to get a court-ordered paternity test. Plaintiff was revealed to be not the child’s biological father. Plaintiff then amended his complaint and alleged that Defendant had acted inconsistent with her right to be a parent and that it was in the child’s best interests to have custody with Plaintiff. The trial court conducted a hearing on the motion to dismiss. The trial court heard from witnesses and received exhibits. Defendant’s motion to dismiss was granted. Plaintiff appealed. Continue reading →
What happens when a wife gives birth during a marriage, but the husband is not the biological father per DNA? Paternity in North Carolina is a legal issue—there are rights and responsibilities that come with being a legal father. As a primer, the common terminology in this area of law is as follows: Continue reading →
North Carolina Divorce Lawyers Blog