Getting Familiar With Child Visitation, Legitimation and Paternity

In the state of North Carolina, in cases where a husband and wife experiences a separation and divorce and one parent has primary physical custody of the child or children, the other parent will probably be granted visitation rights in pretty much every case. This specific term, "visitation", commonly represents the non-custodial mother or father's legal right to be able to spend time with their child or children, however in North Carolina custody is commonly deemed to be "primary" and "secondary". Which means as opposed to "visiting" a child, the non-custodial parent is viewed as having secondary custody. Even in the event that there's been cases of abuse, the parent is frequently awarded the legal right to visitation with supervision. However, the court does have the authority to disallow visitation should it feel it necessary.

The legal right to parental visitation is a given, but in North Carolina grandparents could also petition the court to get visitation rights when necessary; however, the terms and conditions of visitation by grandparents tend to be something which can be determined by the husband and wife that are getting divorced. Visitation can be to a large degree an issue that ought not to be particularly contentious in cases where the children are born of married fathers and mothers, but whenever a child is born out of wedlock, the difficulties regarding paternity and also legitimation come into the picture.

Throughout the state of North Carolina, unwed parents can under their own accord sign an affidavit that points to to the parentage of the biological father, and whenever this is done the father is able to assert his rights and assume his responsibilities as the legitimate parent of the child or children. If ever the parentage is brought into question, an action can be brought to verify paternity by either the mother, the person claiming to be the father, or even the child's guardian. This has been a question that had been relatively difficult to sort out with absolute certainty in the past, however now that we have got Paternity testing, definite proof of parentage is fairly easy to acquire. Something to take into consideration concerning filing a proof of parentage motion is that it can be filed at any time prior to the 18th birthday of the child. In the event the outcome of the DNA testing were to contradict an already issued certificate of a birth, in North Carolina, a completely new one will be granted.

Child visitation, legitimation and paternity issues ought to be addressed with a skilled Fayetteville NC divorce attorney with you. The best divorce attorney Fayetteville will assist you with such issues with a Fayetteville NC divorce.