Establishing Paternity and Custody Rights in North Dakota
In North Dakota, establishing paternity is a crucial step for an unmarried father to gain legal rights to his child, including custody and visitation rights. This article will explore the legal procedures and implications of establishing paternity and how it relates to custody rights in North Dakota.
Establishing Paternity in North Dakota
Under the North Dakota Century Code 14-20-10, a man is presumed to be the father of a child if he meets certain conditions, such as being married to the mother at the time of the child’s birth or openly holding out the child as his own for the first two years of the child’s life. This presumption can be rebutted only by an adjudication under sections 14-20-36 through 14-20-58.
In addition to the presumption of paternity, a man can establish paternity by signing an acknowledgment of paternity with the mother of the child, as per North Dakota Century Code 14-20-11. This acknowledgment must be in a record and is subject to certain requirements under North Dakota Century Code 14-20-12.
Paternity and Custody Rights
Establishing paternity is a prerequisite for an unmarried father to seek custody or visitation rights. According to North Dakota Century Code 14-20-07, the father-child relationship is established by an effective acknowledgment of paternity, an adjudication of the man’s paternity, or other specified means. Once paternity is established, the father has the same rights under the law as a child born to parents who are married to each other, as per North Dakota Century Code 14-20-08.
However, establishing paternity does not automatically grant custody rights. Custody decisions are made based on the best interests of the child, as per North Dakota Century Code 14-09-06.2. Factors considered include the child’s age, health, and emotional ties to parents and siblings; the parents’ ability to provide for the child’s needs; and the willingness of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.
Challenging Paternity
Under North Dakota Century Code 14-20-09, 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. The court may order genetic testing under certain circumstances, as per North Dakota Century Code 14-20-26.
Conclusion
In conclusion, establishing paternity is a crucial step for an unmarried father to gain legal rights to his child in North Dakota. However, it does not automatically grant custody rights. Custody decisions are made based on the best interests of the child. If you are seeking to establish paternity or custody rights, it is advisable to consult with a family law attorney who is familiar with North Dakota law.