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Im going to court for child support in North Carolina. I…

Customer Question
Im going to court...

Im going to court for child support in North Carolina. I have found out im not the bological father and file a motion that was dismiss because the child was born in Virginia and the court say they have no jurisdiction my name on the birth certificate what can i do

Lawyer's Assistant: What steps have you taken? Have you filed any papers in NC family court?

Yes i filed for motion of paternity dissestablishment but was dismiss because of the child being born in Virginia

Lawyer's Assistant: Have you talked to a lawyer about this yet?

No i haven't

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That pretty much it

Submitted: 2 months ago.Category: Family Law
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Answered in 1 minute by:
5/29/2018
Family Lawyer: Nisha Jones,
 replied 2 months ago
Nisha Jones
Category: Family Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Family Lawyer: Nisha Jones,
 replied 2 months ago

I'm sorry to hear about your situation. Where does the child live now?

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Customer reply replied 2 months ago
North Carolina
Family Lawyer: Nisha Jones,
 replied 2 months ago

Did you file your motion in North Carolina in the county where the child resides?

Is this a motion to terminate a child support order based on the paternity results?

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Customer reply replied 2 months ago
No they told me because i went to a facility that not use by the court i would have to file a motion for another paternity test but it was dismiss because the child was born in Virginia and they say they don't have jurisdiction
Family Lawyer: Nisha Jones,
 replied 2 months ago

Yes, that's correct. The court most likely would want a paternity test established through the court system for verification.

Where did you file this motion, in North Carolina?

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Family Lawyer: Nisha Jones,
 replied 2 months ago

Also, is there a current child support order? If so, is that child support order out of the NC court?

If yes -- then yes, the NC court does have jurisdiction to hear the matter in regards ***** *****

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Customer reply replied 2 months ago
Durham
Customer reply replied 2 months ago
there is current support order
Customer reply replied 2 months ago
What can i do
Family Lawyer: Nisha Jones,
 replied 2 months ago

If there is a current child support order in that court, and if this is the county where the child resides, then yes they do have jurisdiction to hear the matter.

You may have filed the incorrect paperwork.

You should file a Motion in Objection to the Child Support Order based on a lack of paternity. In the body of the motion you can inform the court of the facts that led to your discovery of the paternity issue, and request to verify paternity through the court.

You may want to consider hiring a family law attorney to represent you in this matter, especially since the judge and clerks seems to be less than helpful to you.

You can contact the North Carolina State Bar for a referral to a family lawyer in your area.

The phone number is:

(###) ###-####/p>

I hope that helps!

Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me - I'll be happy to respond. Thank you!

Please remember that any information shared over this site is for general informational purposes only and does not constitute legal advice. You should meet with and consult a local attorney for representation in this matter.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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