Affidavit - rescission of parentage

North Carolina Divorce Law Divorce and Separation Answers
1

I have created a “General Affidavit” about rescission of parentage for my estranged husband to sign. It includes:

  • Name of the minor child in question along with DoB, SSN & county and state of birth The child’s birth certificate is attached as “Exhibit A”.
  • I (Name of my estranged husband), being duly sworn, freely and voluntarily declare and acknowledge that I am NOT the natural father of the child named herein, and that the information regarding myself, the natural mother, and the minor child is true and correct to the best of my knowledge, information and belief.
  • I (est. husband) am aware and acknowledge that my name will be removed from the child’s birth certificate and that it will be replaced with that of the natural father.
  • I (est. husband) am aware and acknowledge that the child’s current surname of “xxxxxx” will be legally changed to that of the natural father.
  • Notary signature area.

Is there anything else I need to cover in this pleading? Can I simply file it “as is” after he signs it? I do not need to sign it, do I? Do I need to file a Motion and Order along with it, or does that come later? Alternatively, will the Judge simply issue an Order for name change and change of birth cert? How will this proceed once this initial filing has taken place?

2

I am not familiar with the specific requirements of what is needed to effectuate this process, I would advise you to speak with an attorney who specializes in juvenile matters prior to proceeding.
It is not necessary for you to sign the affidavit of another person. As for the Order, those are only filed and entered after a judge has signed the Order.

3

So, I do not have to submit the Motion & Order - that will be taken care of by the Judge and their clerk???

4

You need to file only the motion prior to appearing in court.

5

I have to go to Court for this???

What about the “Affidavit of Parentage” where the natural father and I both acknowledge that the child is ours - what is the procedure there?

Thanks ~

6

I am not familiar with the specific requirements of what is needed to effectuate this process, I would advise you to speak with an attorney who specializes in juvenile matters prior to proceeding.