Establishing Paternity and Custody in North Dakota
In North Dakota, establishing paternity and determining custody are two separate legal processes. Establishing paternity is the legal process of determining the biological father of a child, while custody refers to the legal and physical care and control of a child.
Establishing Paternity
Under the North Dakota Century Code (NDCC) 14-20-10, paternity can be established through various means, including an unrebutted presumption of the man’s paternity, an effective acknowledgment of paternity by the man, an adjudication of the man’s paternity, adoption of the child by the man, or the man’s consent to assisted reproduction by a woman which resulted in the birth of the child.
The NDCC 14-20-11 through 14-20-24 further details the process of voluntary acknowledgment of paternity. This process involves providing the mother and the alleged father with written materials about paternity establishment, the forms necessary to voluntarily acknowledge paternity, a written and oral description of the rights, responsibilities, and legal consequences of establishing paternity, and the opportunity to speak with staff trained to clarify information and answer questions about paternity establishment.
Custody Determination
Once paternity is established, it does not automatically grant or impose custody rights or obligations. Custody is determined separately, often in a different court proceeding. The court’s primary consideration in determining custody is the best interest of the child.
If paternity is established and you do not want custody, you can express this during the custody proceedings. However, it’s important to note that even if you do not have custody, you may still have visitation rights and may be required to pay child support.
Child Support Obligations
According to NDCC 14-20-09, once paternity is established, the father is legally obligated to provide financial support for the child, regardless of whether he seeks or is granted custody. This obligation typically continues until the child reaches the age of majority, unless otherwise specified by the court.
Legal Assistance
If you find yourself in a situation where paternity has been established but you do not want custody, it is advisable to seek legal counsel. Family law can be complex and the consequences of legal decisions can have long-lasting effects. A family law attorney can provide guidance based on your specific circumstances and the laws of North Dakota.
In conclusion, establishing paternity and determining custody are separate legal processes in North Dakota. If paternity is established but you do not want custody, you can express this during the custody proceedings. However, you may still have visitation rights and will likely be required to pay child support. It is advisable to seek legal counsel to navigate these complex legal matters.