How do I establish paternity if I live in another state?

Establishing Paternity in North Dakota from Another State

Establishing paternity is a crucial step in asserting parental rights and responsibilities, especially when it comes to matters such as child support, custody, and visitation. If you live in another state but need to establish paternity in North Dakota, there are specific procedures and laws you must follow. This article will guide you through the process, referencing the relevant North Dakota Century Code sections.

Voluntary Acknowledgment of Paternity

Under North Dakota Century Code 14-20-11 (301), the mother of a child and a man claiming to be the genetic father of the child may sign an acknowledgment of paternity with the intent to establish the man’s paternity. This voluntary acknowledgment is a straightforward way to establish paternity without going to court.

Execution of Acknowledgment of Paternity

According to North Dakota Century Code 14-20-12 (302), an acknowledgment of paternity must meet several requirements. It must be in a record and signed under penalty of perjury by both the mother and the man seeking to establish his paternity. The acknowledgment must state that the child does not have another presumed, acknowledged, or adjudicated father. If there has been genetic testing, the acknowledging man’s claim of paternity must be consistent with the results. The signatories must understand that the acknowledgment is equivalent to a judicial adjudication of paternity and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred after two years.

Genetic Testing

If there is doubt about the paternity of the child, genetic testing can be used to establish paternity. According to North Dakota Century Code 14-20-29, the paternity of a child having a presumed, acknowledged, or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child or identifying another man as the father of the child.

Legal Assistance

If you live in another state and need to establish paternity in North Dakota, it may be beneficial to seek legal assistance. An attorney familiar with North Dakota family law can guide you through the process and ensure that all necessary steps are taken. They can also help you understand your rights and responsibilities as a father.

Conclusion

Establishing paternity in North Dakota from another state involves following specific procedures and laws. Whether through voluntary acknowledgment or genetic testing, it’s crucial to understand the legal implications and responsibilities that come with establishing paternity. Always consult with a legal professional to ensure you’re taking the correct steps and protecting your rights.