[chevycowboy]

I live in North Carolina and would like to have a paternity test done so that I can pay support and have visitations with my daughter. I was involved with a woman who was legally married but left her husband and we had a sexual relationship. She became pregnant and went back to her husband. He had a vasectomy several years ago and knows he is not the father. He doesn't want me to be involved in my daughters life. I think my daughter's mother may have listed him on the birth certificate. I want to be apart of my daughters life and pay child support. I have emails from the mother telling me I am the father as well as a bunch of pictures she has sent to me of my daughter without her husband knowing. The mother of my daughter has let me spend some time with my daughter when time permitted and without her husband knowing. My questions are: Can I request a paternity test and how do I get started if I can?

It should not be very difficult but consult a Family Law Attorneyin your area to find out how to proceed

[Happy Trails]

From North Carolina statutes:

49‑12.1. Legitimation when mother married.

(a) The putative father of a child born to a mother who is married to another man may file a special proceeding to legitimate the child. The procedures shall be the same as those specified by G.S. 49‑10, except that the spouse of the mother of the child shall be a necessary party to the proceeding and shall be properly served. A guardian ad litem shall be appointed to represent the child if the child is a minor.

(b) The presumption of legitimacy can be overcome by clear and convincing evidence.

(c) The parties may enter a consent order with the approval of the clerk of superior court. The order entered by the clerk shall find the facts and declare the proper person the father of the child and may change the surname of the child.

(d) The effect of legitimation under this section shall be the same as provided by G.S. 49‑11.

(e) A certified copy of the order of legitimation under this section shall be sent by the clerk of superior court under his official seal to the State Registrar of Vital Statistics who shall make a new birth certificate bearing the full name of the father of the child and, if ordered by the clerk, changing the surname of the child. (1991, c. 667, s. 2; 1991 (Reg. Sess., 1992), c. 1030, s. 15; 1997‑433, s. 4.9; 1998‑17, s. 1.)

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49‑10. Legitimation.

The putative father of any child born out of wedlock, whether such father resides in North Carolina or not, may apply by a verified written petition, filed in a special proceeding in the superior court of the county in which the putative father resides or in the superior court of the county in which the child resides, praying that such child be declared legitimate. The mother, if living, and the child shall be necessary parties to the proceeding, and the full names of the father, mother and the child shall be set out in the petition. A certified copy of a certificate of birth of the child shall be attached to the petition. If it appears to the court that the petitioner is the father of the child, the court may thereupon declare and pronounce the child legitimated; and the full names of the father, mother and the child shall be set out in the court order decreeing legitimation of the child. The clerk of the court shall record the order in the record of orders and decrees and it shall be cross‑ indexed under the name of the father as plaintiff or petitioner on the plaintiff's side of the cross‑index, and under the name of the mother, and the child as defendants or respondents on the defendants' side of the cross‑index. (Code, s. 39; Rev., s. 263; C.S., s. 277; 1947, c. 663, s. 1; 1971, c. 154; 1977, c. 83, s. 1.)