Establishing Paternity and Child Support in North Dakota
Establishing paternity is a crucial step in the legal process of securing child support in North Dakota. The North Dakota Century Code provides comprehensive guidelines on how paternity can be established and its implications on child support.
Legal Framework for Establishing Paternity
Under North Dakota Century Code 14-20-07 (201), the father-child relationship can be established in several ways:
- An unrebutted presumption of the man’s paternity of the child under section 14-20-10.
- An effective acknowledgment of paternity by the man under sections 14-20-11 through 14-20-24, unless the acknowledgment has been rescinded or successfully challenged.
- An adjudication of the man’s paternity.
- Adoption of the child by the man.
- The man’s having consented to assisted reproduction by a woman under sections 14-20-59 through 14-20-65 which resulted in the birth of the child.
Implications of Paternity on Child Support
Once paternity is established, it has significant implications on child support. According to North Dakota Century Code 14-20-09 (203), the establishment of parentage imposes rights, privileges, duties, and obligations. This includes the obligation of the father to provide financial support to the child.
Genetic Testing and Paternity
In some cases, genetic testing may be required to establish paternity. As per North Dakota Century Code 14-20-27 (503), the court or a support enforcement agency may order genetic testing if a party to the proceeding alleges paternity and states facts establishing a reasonable probability of the requisite sexual contact between the individuals. However, a support enforcement agency can only order genetic testing if there is no presumed, acknowledged, or adjudicated father.
Rights of a Child Born Out of Wedlock
It is important to note that, as per North Dakota Century Code 14-20-08 (202), a child born to parents who are not married to each other has the same rights under the law as a child born to parents who are married to each other. This includes the right to receive financial support from both parents.
Conclusion
In conclusion, establishing paternity is a critical step in securing child support in North Dakota. It not only legally identifies the father but also imposes on him the obligation to provide financial support to the child. The process may involve genetic testing and can apply to children born in and out of wedlock. It is always advisable to consult with a legal professional when dealing with such matters to ensure all legal procedures are correctly followed and the rights of all parties involved are protected.