Paternity Test Legal Steps

Summary

If the father of your child requests a paternity test but fails to follow through, you can file a petition in family court to compel the test. You or your attorney can send a formal letter to the alleged father, setting a deadline for the paternity test and outlining potential legal consequences. You cannot legally demand communication from the alleged father, but you can request it formally. If the alleged father demands communication only through his lawyer, you are not legally required to comply unless there is a court order. Birth records in North Carolina are confidential and can only be accessed by authorized individuals. Opposing counsel can file a motion to compel or seek sanctions if you refuse to provide information about your daughter. You will generally be notified if opposing counsel files something related to your case.

Full Conversation

hannah
Hello Hannah, how can I assist you with your legal issue today? Could you please provide more details about your situation?
In North Carolina if the father of my child requested a paternity test, I set up an appointment to do so, then he fails to follow through and stops responding to me what can I do about it?
Hello Hannah,
It seems you might need to take legal action to resolve this issue. Here are a few steps you can consider:
- **File a Petition:** You can file a petition in family court to establish paternity.
- **Court Order:** Request the court to order the father to take the paternity test.
Would you like information on the nearest family court in your area?
Can my attorney or I contact the alleged father and tell them he has a certain number of days to get a paternity test done or there will be further legal action taken
Hello Hannah,
Yes, either you or your attorney can contact the alleged father to inform him that he has a certain number of days to get a paternity test done, and mention that there might be further legal action if he does not comply. Here are your options:
- **Legal Notice:** Your attorney can send a formal letter outlining the deadline and consequences.
- **Court Petition:** You can file a petition in family court to compel the paternity test.
Would you like information on the nearest family court in your area?
Can I demand for the alleged father of my child to communicate with me or
Hello Hannah,
You can request communication from the alleged father, but you cannot legally demand it. However, you can take the following steps:
- **Send a Formal Request:** Have your attorney send a formal letter asking for communication.
- **Court Petition:** File a petition in family court to establish paternity and compel cooperation.
Would you like information on the nearest family court in your area?
If the alleged father of my daughter is demanding I only speak to him through his lawyer, do I have to comply if there is nothing in the courts saying I have to
Hello Hannah,
In South Carolina, you are not legally required to comply with the alleged father's demand to communicate only through his lawyer unless there is a court order stating otherwise. However, it might be wise to do so to avoid potential legal complications.
Would you like information on the nearest family court in your area?
what about in north carolina
Hello Hannah,
In North Carolina, the situation is similar. You are not legally required to comply with the alleged father's demand to communicate only through his lawyer unless there is a court order stating otherwise. However, it might be prudent to follow his request to avoid potential legal complications.
Would you like information on the nearest family court in your area?
Are birth records public in North Carolina
Hello Hannah,
In North Carolina, birth records are not public records. They are confidential and can only be accessed by:
- The individual named on the certificate
- The individual's parents or legal guardians
- Authorized legal representatives
Would you like more information on how to obtain a birth certificate in North Carolina?
Is there a way to look up birth records online in North Carolina?
Hello Hannah,
In North Carolina, birth records are not public and are confidential. You can request them online if you are eligible. Here are the options:
- **Vital Records Office:** Request through the North Carolina Department of Health and Human Services website.
- **Authorized Vendors:** Services like VitalChek.

Would you like more information on how to proceed with an online request?
What can opposing counsel do if I refuse to give them any information about my daughter?
Hello Hannah,
If you refuse to provide information about your daughter, opposing counsel may:
- **File a Motion to Compel:** Request the court to order you to provide the information.
- **Seek Sanctions:** Request the court to impose penalties for non-compliance.
- **Use Discovery Tools:** Issue subpoenas or interrogatories to obtain the information.
Would you like information on the nearest family court in South Carolina?
Will I be notified if there was something filed by opposing counsel in North Carolina
Hello Hannah,
In North Carolina, you will generally be notified if opposing counsel files something related to your case. Here are the key points:
- **Service of Process:** Legal documents must be formally served to you.
- **Court Notification:** The court may also notify you of filings and hearings.
Would you like information on the nearest family court in North Carolina?
What does a North Carolina birth certificate look like
Hello Hannah,
A North Carolina birth certificate typically includes the following details:
- Full name of the child
- Date of birth
- Place of birth
- Names of the parents
- Birth certificate number
- Official state seal
Would you like more information on how to obtain a copy of a birth certificate in North Carolina?
Can opposing counsel request I give the medical records of my daughter if their client is not proven to be the father and he is not on her birth certificate?
Hello Hannah,
In South Carolina, opposing counsel can request medical records, but you are not obligated to provide them if their client is not proven to be the father and he is not listed on the birth certificate. Here are some key points:
- **HIPAA Compliance:** Medical records are protected under HIPAA.
- **Court Order:** They may need a court order to obtain such records.
- **Paternity Proof:** Establishing paternity may be necessary first.
Would you like information on how to protect your daughter’s medical records?
What if opposing counsel is demanding I give them my daughters birth certificate and medical records before their client takes a paternity test.
Hello Hannah,
In South Carolina, you are not obligated to provide your daughter's birth certificate and medical records before the alleged father takes a paternity test. Here are some points to consider:
- **Confidential Records:** Birth and medical records are confidential.
- **Court Order:** Opposing counsel may need a court order to access these records.
- **Paternity Proof:** Establishing paternity is generally required first.
Would you like information on how to protect your daughter’s records?