26" Judicial District SelfServe Center PATERNITY Duc to the changing nature of the law, the forms and information contained in this packet ‘may become outdated. Therefore, you should review and research statutes and rues of | procedure referenced in the instructions to ensure tha the forms are accurate and current. INNO EVENT will the SeiServe Center, Clerk of Court or anyone contributing tothe production of these forms, instructions, or guidelines be liable for any indirect ot consequential damages resulting from the use of the forms or for information provided to you by the SelfServe Center IF THERE ARE ANY QUESTIONS in your mind concerning these forms, the use of these forms, ot your legal rights, i is strongly suggested that you consult with or retain an attorney. USE THESE FORMS AT YOUR OWN RISK. THESE FORMS MAY OR MAY NOT BE APPROPRIATE IN YOUR PARTICULAR CASE, ANY DESIRED OUTCOME FROM THE USE OF THESE FORMS CANNOT BE PREDICTED OR GUARANTEED. IT IS STRONGLY RECOMMENDED THAT YOU SEEK LEGAL ADVICE! ‘The Filing Fee for this setion eePLEASE CAREFULLY READ THE FORMS AND INSTRUCTIONS CONTAINED IN THIS PACKET. IF YOU HAVE ANY QUESTIONS, PLEASE CONSULT WITH AN ATTORNEY. ‘THESE ARE EDUCATIONAL FORMS DESIGNED TO ASSIST YOU, BUT YOU ARE REPRESENTING YOURSELF. PLEASE REVIEW AND FOLLOW THE DIRECTIONS TO IMPROVE YOUR PERFORMANCE IN YOUR CASE. FAILURE TO READ AND FOLLOW THE, INSTRUCTIONS MAY ADVERSELY IMPACT YOUR CLAIM,What do Ido First? 1, READ THROUGH THB ENTIRE PACKET BEFORE DOING ANYTHING. 1. Next, decide if you need to have s paternity test: Is the child three years or older, or is the alleged father deceased? i. IFYEES, then you must have a genetic test under North Carolina Jaw before you ea establish paternity. Get the paternity test dane before continuing with the packet. See below for information on hhow to do this fi, IFNO, then you are not required by law to have a patemity test but you may doit on your own, Continue with the packet ‘The alleged father, child, and sometimes the natural mother must al have atest. **¢ ‘Any genetic test that is used in a paterity case must be done by a court-approved lab ‘An example is LabCorp, which has many offices throughout the country. ‘The following ‘are some of the labs lacated in Mecklenburg County 300 Billingsley Rd, Ste. 200 211 W Matthews St, Ste. 103 Charlotte, NC 28211 ‘Matthews, NC 28105 (708) 332-6904 (704) 846-9186 MF: 830-1, 2-530 MF: 8:30-1,2-5:30 16623 Birkdale Commons Pkwy 15830 John J. Delaney Dr, Ste 140 Huntersville, NC 28078, ‘Charlotte, NC28277 (704) 896-3361 (704) 540-0251 MP: 8-1,2-4:30 MF: 8.1230, 1:30-5 For more information, including costs, scheduling, and other locations, call 1-800-742'3984 or visit www Jabcorp.com/paternity What do I do Next? 1. After deciding if you need a paternity test, you mus? get a CERTIFIED COPY of the ehild’s birth certificate and ATTACH IT TO YOUR COMPLAINT. Any lait for Establishment of Paternity will be dismissed if there is nota ‘8, To get a certified copy ofthe birth certificate, do the following: Til, Ifthe child was born in North Carolina, fll out the Application Porm from the NC Department of Vital Records. (the child ‘was born outside of Narth Carolina, please look up the correct ‘procedure for that state or country). Make sure thatthe form is filled out COMPLETELY! jv. Be sue to check the box repatding your relationship to the child and adda statement of why you are requesting the certificate.STARTING OUT ‘What is this packet about? ‘This packet of information is provided for individuals who wish to pursue a case without the assistance ofan attomey. This is called a pro se or elf represented case. If you are ‘ot sure that you want or need to go to court, please ask the SelfServe Center staf to Sitect you to lawyer referral service or list of loealattomeys willing to provide ‘unbundled services (representation for a limited portion of a case at an hourly rate), How will this help me? Ifyou do not plan to use an attomey, this packet will guide you through the process by providing the forms and filing instructions that you will need. Since you ate representing yourself, itis YOUR responsibilty to ensure that these are the corect and eurren forms forthe nature of your ease. Therefore, you should review and research applicable laws and rules of procedure that apply to your type of ease. Ifyou ae notable fo do this, you should talk With an attomey. If at any point during the process you hecome confused ‘or wish to proceed with the help of an attorney, contact the Mecklenburg Caunty Bar Lawyer Referral Service 704.375.0120 (www.meekbar.ors), or the North Carolina Bar Lawyer Referral Service 1-800-662-7660. ‘The SelfServe Cente also ‘Maintains a list of atlomeys willing to provide “unbundled services.” ‘What does this mean? Certain legal terms willbe used throughout your proceeding, A complete leet glossary 48 availabe for your convenience in the SelfServe Cente, If you still do not understand {he term, consut a legal dictionary o the SelfServe Center staff. Staff CANNOT provide legal advice, but can provide procedural information and definitions of legal terms. What is Establishment of Paternity? ‘The packet available in the SelfServe Center allows a party to file a complaint thet will ‘stablish whether or not an alleged father ofa child is the biological father. Paternity can ‘be established through voluntary recognition by the father or by court orde. Can I or should I file for Establishment of Paternity? Please note that the SelfServe Center staff CANNOT provide legal advice. Therefore, we ‘cannot tell you if you should file or what you should file, but we ean tell you that you ‘must mect certain criteria to be eligible. THE CHILD MUST HAVE LIVED IN NORTH CAROLINA FOR THE 6 MONTHS PRIOR TO FILING, OR SINCE BIRTH IF LESS THAN SIX MONTHS OLD. Additionally, if there has already been ‘ custody/visitation or child support case filed, you must notify the SelfServe Center ‘aff. This will affect which packet you reecive. Uihe alleged father is deceased, please contact an attorney before filing ths action, *2*1f you want to voluntarily admit that you ae the father, this packet isnot for you. ‘Instead, you should fill out an Affidavit of Parentage and fie it with the Clerk Before you start, you need to know the defendant's eurrent address in order to properly serve him/her. If you do not know where the defendant i, you should contact lawyer.What do I do First? 1, READ THROUGH THE ENTIRE PACKET BEFORE DOING ANYTHING, ‘Next, decide if you need to have a paternity test: Is the child three uS or older. or isthe alleged father deceased? IFYES, then you must have a genetic test nder North Carolina law before you can establish patemity. Ger the paternity test done before continuing withthe packet. See below for information on how todo this, fi, IENO, then you are not required by law to have a paternity test but you may doit on your own. Continue with the packet “The alleged father, child, and sometimes the natural mother must all have a test. *** ‘Any genetic test that is used in a paternity case must be done by # court-appraved Iab. An example is LabCorp, which has many offices throughout the county. The following are some ofthe abs located in Mecklenburg County: 300 Billingsley Ra, Ste. 2008 211 W Matthews St, Ste, 103 Charlotte, NC 28211 ‘Matthews, NC 28105 (704) 332-6904 (704) 846-9186 MA: 8:30-1,2-5:30 ME: 8:3041,2-5:30 16623 Birkdale Commons Pkwy 15830 John J. Delaney Dr. Ste 140 Huntersville, NC 28078 Charlotte, NC28277 (704) 896-3361 (708) 540-0251 MAF: 841, 2-4:30 MA: 81230, 130-5, For more information, including costs, scheduling, and other locations, call 1-800-742-3984 or visit wor Jaboorp.com/paternity What do 1 do Next? 1. After deciding if you need a patemity test, you must get a CERTINIED COPY of ‘he child's birth certificate and ATTACH IT TO YOUR COMPLAINT. Any complaint for Establishment of Paternity will be diemissed if there is not a ed. ified copy of the child's bids certi ‘a. To get certified copy of the birt certificate, do the following: ii Ifthe child was bom in North Caroling, fll out the Applicaton Form fiom the NC Department of Vital Records. (Ifthe child ‘was born outside of North Carolina, please look up the correct ‘Procedure for that state or country). Make sure that the form is filled out COMPLETELY! jv, Be sure to chock the box ropardine vour relationship tothe child and add a statement of why you are requesting the certificateThere isa $15 charge fora cenified copy of the birth certificate. To submit your request, choose one of the options below: ‘#1 Class US Mail: North Carolina Vital Records 1903 Mail Service Center Raleigh, NC 27699-1903, ***DO NOT SEND CASH, only certified check oF money order accepted, ‘In person, ‘Noith Carolina Department of Vital Records Cooper Memorial Health Building,1st Floor 225 N. MeDowell Street Raleigh, NC 27603 MEF: 8:00-4:00 Please bring a valid photo ID and $15 fee **If you would like same-day serviee, there isan additional $15.00 charge. ¢Online/Phone Foran additional fee, credit card service is available online or by fax oF telephone through a private cooperation, VitalChek Network, Ine worwvitalehekeom 1-800-669-8310 ***NOTE: If the child was born in Mecklenburp County, you can get a cetified copy of his or her birth certificate atthe Mecklenburg County Health Department Office of Vital Records (700 B. Stonewall St, Suite 320, Charlotte, NC, 28202). For more information, call (704) 336-2819. NOTE: Under North Carolina Law (GS. 130-A-26A), itis a felony violation to fraudulently request a certified copy ofa vital reeord or obtain, possess, sell, furnish, use or attempt to use for any purpose of deception a North Carolina birth certificate IMPORTANT REMINDERS BEFORE YOU BEGIN ‘Your case involves complicated legal issues! ‘This packet describes the general process but itis impossible to cover everything that may affect your rights. If you Bet confused, you should stop and seek advice from an attorney. The staff ofthe SelfServe Center, Clerk of Court, Judge or Trial Court Administrator's Office CANNOT GIVE YOU LEGAL ADVICE! PLEASE. .fyou are thinking of contacting an attorney, do so as soon as possible ‘Unless there is an emergency, ty to contact an attomey atleast 30 days before your hearing. Waiting could decrease your chances of obtaining representation,The following page is the Application to Obtain a Copy of a North Carolina Birth Certificate. You will send this to the North Carolina Department of Vital Records, DO NOT FILE THIS FORM IN THE CLERK'S OFFICE WITH THE REST OF YOUR DOCUMENTSIIINov Cratos parma of Heath sd tma Serves Dison af ates = Vt Records Un Mai: 1903 Mal Senvige Center Raleigh, NC 21605-1908 Een Full Name on Certificate Full Maiden Name of Mother Application for a Co) gaviatenrenege ‘eephone 915739300 225 North MeDowell St. Raleigh NO 27603 1983 ofa North Carolina Birth Certificate CertitieateTaformation lone ponacseeatte) Feta Ta ar Tae — Date of Birth aetna Sex CMe EI Pemale Sea ay Ter Were pues naried tine of Place of Birth biel? Cher EDN Tethispeson deceased? C1 Yee CONo arent eps). Fao ame Tai ae a RT Full Name of Father - e ini erp Fear ar Tar ie te aa cag Sierras on Pe ‘Your Relationship (0 the Person Whose Certificate is Requested (Check ons) 1 Order Certieate Chee ete fr earem ion channels cee Sexe and Ft Copy (24) Ge sso ope sts {cae apy slate or any prt) [Deni Gaerne rps) 2 Record Changes (Only if applies) “poietic ees. (idnonetundaieprecaing es) Caton Caner me Chee [lemon Cou Oder epitome mun ter cans Panty a) oer [5 3. Taster Service (Choose only one) ‘Optom oman ceme (Sis mnretuedable cpa es) wan sense 15) Cispediodrcesing 1) Dtspedicd Rocca Bipete Spin (9) = 4. Total Fees Gad ste fr ta) isan "DAtra age aomeyo eal epic: IE] Spee Caren) he eon se (Pron REOUIRED ED orice es ey Bene cet en) Breiaa Sea El Pwensep-et Chendpeen How do yu plant ae hie econ? reer Ra oP ging ens i a Pa lied oc aie Pa et Ar aa Rado Se apa - i a a Rt ig ao Payment ise ay wheter’ arene er mapa NC. Wil Rens, ena ease a ened Regis hae nel wnt aj eye rnp natn il bee rc pet eTown osama OF Tim PERSON REQUESTING A CRRTIFICATE I REQUIRED: Sexpert serps at ot nel ope ton iy sry tat al ho fermion che Bes my tno Nota ly vation fC Raw (OSHA TORY DHE TR elo NC ata on) katate os hi ap slaw eno coy ar erie ogy others Se oar apg saz a a Comer ba eae a taeOrder Certificate A cerificate search costs $24 and includes one copy ithe certificate is located. The search covers a three year period. Requests are processed inthe order received and can take upto five weeks plus the ml delivery time ‘The search fe is required to process a request and is non-efundable even ifa record cannot be located. Record Changes Complete this section only if you are making a request to change information on the birth certificate. The $15 processing fee to review your request is non-refundable. In-person assistance for this seviee is by appointment ‘only. Please call (919) 792-5986 to schedule an appointment. If your request involves more than one birth Feeord, the $15 processing fee applies o each individual's birth reeord that requires change(s), Faster Service ‘To receive expedited service you MUST write “Expedite” on the outside ofthe envelope. Expedited requests willbe processed within 10 business days. This dos not inelude the additional day(s) for shipping. This isa hon-efundable fe, Identification Requirement Due to identity theft and other fraudulent use of vital records, ID of the person requesting a certificate is REQUIRED. Requests that do not include ID will be returned. You MUST include a legible photocopy of ‘one of the photo IDs listed below with your request: ‘+ Current state-issued driver's license (address must match requestors address on application) ‘+ Current state-issued non-rver photo ID card (address must match requestor's address on application) + Current Passport or Visa (must include photo) + Current US. military 1D ‘+ Current Department of Corrections photo ID card dated within the last year + Current state or U.S. government ageney photo ID eard (for persons requesting certificates as part ofthat agency's business) ‘+ Current student ID card with copy of transeript you do not have one ofthe IDs listed above, you must provide legible photocopies of TWO of the following {must be two DIFFERENT forms of ID): ‘+ Temporary driver's license ‘+ Current utility bill with current address ‘+ Carregistration or title with curent address + Bank statement with current eddress + Pay stub with curcent adress ‘+ Income tax return/W-2 form showing current address + Leter from govemment agency dated within the last six months and showing curent address + Stateissued concealed weapon permit showing current address you are unable 0 meet our ID requirements, family member or ather person ‘who is entitled o obtain the certificate, and who can meet the ID requirements, may request it A ist of persons ented to obtain certificates is located on our website at lp: /vtalrecords.negowfogs him, busy evs)fler you've decided if you need paternity test and you have a certified copy of the child's birth certificate from the NC Department of Vital Records, its time to file your’ documents at the courthouse. STEP1 Filling Out the Forms 6 Cheeklist*** ‘You must complete the following, four documents: > Civil Summons: Fill his out and se tase, > Complaint for Establishment of Paternity: Fill this out and set it aside, "NOTE: The certified copy ofthe child's birth certificate must be attached to the original complaint when itis fled withthe Clerk. > Complaint Verification: This must be completed in the presence of a Notary. STEP2 Filing the documents ‘After you get the Complaint Verification notarized, make 2 coples ofeach of the three documents. Copies can be made for a fae in the Civil Files Office, Room 22/2, Filing: Take the original documents, both copies and te filing fee to the Civil Filing ‘Department, Room 3725, for filing. The filing fee may be paid in cash or with a money order. Money orders may be obisned either from the post office, bank, Wal-Mart ora check cashing store. © If you want to serve the defendant through the Mecklenburg Sheff, also bring the service of process fe. ‘© The cost of filing can be founcl at the SelfServe Center from 8:30 to 12:00 or at the Civil Clerk's Office fram 9:00 to 5:00. Case Number: The clerk will ile your documents. At that time, you will be assigned a ‘ease number. Please make a note ofthis ease number and print or type it on the upper right hand comer of ALL. your papers filed withthe court in this case. STEP 3 Service of Process North Carolina General Statutes require that you give notice to the defendant about the filing of your claim, This is knovm as “Service of Process.” The correct way to serve the defendant is determined by lav. Ifthe documents ate nat correctly served on the defendent, the court will not hear your case ‘You are now ready to serve the documents on the defendant. Please see the following page to complete proper service on the opposing party. In shor, if you know where the ‘defendant lives, you may elect to have the sheriff serve the documents or you may serve‘hem by certified or registered mail, retum receipt requested (RRR). Jf you do not ‘snow where the defendant lives, please consult with an stomey on how fo properly execute “service of process.” ‘***NOTE: If you are serving the defendant by registered or certified mail, you will need to fil out the form called “Affidavit of Service of Process by Registered or Certified ‘Mait” in the presence of a Notary Public and file it wih the Clerle (with the original return receipt verifying acceptance by the defendant attached). srEp4 Autendance Be suet atend al scheduled court events on ne and desed appropriately sf you ‘ere going toa job nerview)- Thi every important, Lawyer Referral Services: Mecklenburg County Bar Lawyer Referral Service: (704)375-0120 or wwnrmeckbar.org, North Carolina Bar Lawyer Referral Service[ STATE OF NORTH CAROLINA ™ County In The General Gout OF Justice o's “C7 Superior Court Dsion = cIvIL SUMMONS xe ——| Gans ano pLURIES SUMMONS (ASSESS FEC) c VU licen 25. t,o 304 TAT “Te Each Of The Defendant(s) Named Below ‘div Action Hse Been Commenced Against You! ‘You ae nett appesr and anewer th eran fhe ptf oboe: 1. Ser copy of your ten ase th compan upon the plain opis stomay win thi (20) dye sor you have been Eerie. You may serve your arewer by alerng 2 cpyt tho plc by mating tothe plas Room edess, on 2 Fle the onal oft wien serv ha Clef Sipminr Cot of coy narod above fy fa anserte complnt, he pl wi py the Cou the fo demanded the compli ie A i Ry a a TP rs Fi Ge oe ao Llowatyese — Claeanese Clouser cont Tlenoorsemen assess Fee) eS Om rw “Tie Summors was eialy sales an ede ndeted_—_ gage ————_L-__— ~ above and euned et so. lth rosuet of he lai {he tne wih which his Summons mt be sored — ‘ered shy (0) dye Cloniyese — Cyseianese Coen crv cont NOTE TO PARTIES: mor ones ave MANDATORY ARBITEATION pragams hich mat ce heh mu cary $2560 or ‘ear head yo sete ial Tears wl nal Fi cae aces hr mana wba a7E __RETURN OF SERVICE [= z {ery at is Sumer ane 2 ap fhe corel wee recived and seed oe tows: : ae DeFENOANTS arse os T byaetverng othe dfenden named show 8 py of he srnons snd oii {Cy teving 2 coy ofthe summons and copa at the ling ovee or usu place of abode ofthe defendant named above wth 2 ton estore age ard econ hen es ea fsa cetedntis eapraton ene ar tee by eng soy te sinned cpl he peo oad ie TTR RT A TR TI DEFENDANTS Om One Pee (Z By detvemg ote detentant aed above a copy ofthe suneane and erin 1D Byesving copy oft summons nd care te aeling Rous er usa place shod of he defendant named above wth ton ofcutab oe and deen ten esng aren Ase cont a capeatn, seve wi ele by eng a iyo he smions ae cnn oe parson named [i FT TT 0 Ger mannaraT eas aaa Ty Detendart WAS NOT served forthe flowing reason lemeerr aor TR‘STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE DISTRICT. COURT DIVISION COUNTY OF MECKLENBURG vD-_ — ) ) Plaintiff, COMPLAINT FOR ESTABLISHMENT ) OF PATERNITY v ) ) : ) ) ) ) ) Pint, complaining of Defendant, alleges and says: PARTIES, JURISDICTION AND VENUE 1. Plaintifisthe minor eilaeen)'s Mother Alleged Father 2. Plaintiff is citizen and resident of Camo ae 3. Plaintiffs address is a 4, Plaintf's Social Security Number i, 5. Defendant isthe minor child(ren): Mother Alleged Father 6, Defendant isa citizen and resident of Conant 17. Defendant's address is 8. Defendant's Social Security Numberislen a issue in this cae isfare 9, The name(8), age(s) and birth date(s) ofthe ehild or ci as follows: 10. "That Thad a sexual relationship with the Defendant on or about: Preeti ld co 11, That (Zam) (¢he Defendant is) the biological father of the minor child(ren) in question 12. ‘That I (have) (have no) other facts that support that (Tam) (Defendant is) the father of the minor child(ren) in question i ia a a ap poser any) 13. The District Court of Mecklenburg County has personal jurisdiction over the parties and subject matter jurisdiction to decide the claim and render a paternity determination in thie notion. 14, Venue ofthis action is proper in Mecklenburg County, North Carolina. PATERNITY CLAIM 15, Pursuant to N.C.GSS. §49-14, Plain has brought a claim for paternity. Plante (Gelieves he is the father) (believes Defendant to be the father) ofthe child(ren) at issue, and establishment of paternity is appropriate based on facts presented. -RNATIVE, 16, That the partes be ordered to submit to a DNA/genetic marker test in order to establish paternity of the minor child(ren) in question and to male the childten) available for DNA/eenetic marker testing,PRAYER FOR RELIEF WHEREFORE, Plaintiff prays the Court for relief as follows: 1 ‘That paternity be established pursuant to N.C.GEN. STAT §49-14 2 ‘That if paternity is established, the rights, duties and obligations ofthe mother ‘and father, with regard to support and custody ofthe minor child(ren, shall be the same, pursuant to N.C. GEN. STAT §49-15, 3 ‘That Defendant be taxed with the costs ofthis action, 4. __ That PlaintifThave and recover such other and further relief asthe court may deem just and proper. This aay of. — — Sie of Paid ADDRESS AND TELEPHONE NUMBER OF PLAIYTIFTSTATE OF NORTH CAROLINA ) ) VERIFICATION COUNTY OF MECKLENBURG} _, being first duly sworn, deposes and says that hhelshe isthe Plaintiff the foregoing ection, that helshe has read the foregoing COMPLAINT and knows the contents thereof to be true of his/her own personal ‘knowledge except for those matters and things alleged therein upon informetion and belief, and as to those matters and things, he/she believes same to be true, ‘Sworn to and subseribed before me this__ day of. +20__. Notary Public z My commission expires,STATE OF NORTH CAROLINA > county In Tha General Cour Of Justice SERVICEMEMBERS CIVIL RELIEF ACT AFFIDAVIT NOTE Tigh iam ye ier Fear at med yO TT : _RFFIAWT th design ant unr pay of perry date lowing 9° soe are me ace {hae porsenal twig te sea aed abv tay seen & Reve perenne pa seca canes ee etm ten” ‘lamutiets came wich sot rones So ene oe taotoe nena sed te Sevcemerbers Ciel Rot Act Webel (psec) 9 determine the defendant's ily stat (Cibo cute rom ny ue a hat webster acne (OTE: The Soneomartore Cinta At Weta 9 wate mired yh Oaparnet a fess fe). 1000 sect siete re a aed an your corp, ou enroute aes te mbt. DoD sory otcstes wer atonal ete carpus, uh thee sre sro ‘aspect cults o spon swale ar. of 201% hat uns 220 the Sacer Cot Reet cae Ire te tong oie Mot we oars ot cam whe Oe caries afd hd Th ean mest seas aon {tert uar on a of ie Dad's put cerieate eta wd bos) (1. Inve not used the Senacememters Chi bet Ac Wtete he flowing fact pat my nem the ‘tenant rata sarin (Stl ow you a th ted te aly Be eee) "NOTE: me tn tiny sevice" he aig el ly src a aba eb Ue Ses ry, Nan AFM Carp ot hes Gut senna «member he Nara Gus ue» ca cvs sare auataee Oye Poort re See of Gee (etd ofr han 30 consul dys ppoces of espang alae mere aris tae aaa ef 'e Pe eth See oo! the tra eso an NrasporcArnatn sr a of xcs ings omer thc fom ono of scent wade arora cane SOUS eth SWORWAFFIRMED AND SUBSCRIBED TO BEFORE ME |" ae = are ~ a AS TS RTO ae OST Clonmayese Clareninrose [Jai orsipnar cat “lapis SEAL may oo [NOTE TO COURT Do not proceed fo en jment ina pn-criminal cave in which the defandent has not made an appearaca Urs ‘Sericemtars Ct Ret Ata fhetbron ism or fas bea ed an open tat neat isin itary sees prose wr rent tl sch ie to have pated ste spentInformation About Servicemembers Civil Relief Act Affidavits 1. Plaintiff to file affidavit Inany civil action or proceeding, including any child custody proceeding, in which the defendant does not make an appearance, the court, before entering judgment forthe plain, shal require the Plaintif to fle with the court an affidavit— (A) stating whether or not the defendant isin military service and showing necessary facts to support the affidavit; or (@) ifthe plaintiff is unable to determine whether or not the defendant isin military service, stating that the plain is unable to determine whether or not the defendant isin military 50U.S.C. 3931(5X1), 2. Appointment of attorney to represent defendant in military service IV in 2 civil action or proceeding in which the defendant does not make an appearance it appears ‘that the defendant is in military service, the court may not enter a judgment until afer the court ‘appoints an atiomey to represent the defendant, Ifan attorney appointed to represent a service member cannot locate the service member, ations by the attomey in the case shall not waive any defense of the service member or otherwise bind the service member, 50 U.S.C. 3931(b)2). State funds are not available to pay attorneys appointed pursuant to the Servicemembers Civil Relief Act. To comply with the federal Violence Against Women Act and in consideration of GS. 508-2(a), 50C-2(b), and 50D-2(b), plaints in Chapter 50B, Chapter 50C, and Chapter 50D proceedings should not be required to pay the costs of atlomneys appointed pursuant to the Servicemembers Civil Relief Act, Plaintiff in other types of actions and proceedings may be required to pay the costs of atlomeys appointed pursuant to the Servicemembers Civil Relief Ac. Tho allowance or disellowance ofthe uidering of costs will require a case-specite analysis. 3. Defendant's military status not ascertained by affidavit {f based upon the affidavits filed in such an action, the cour is unable to determine whether the defendant is in military service, the cour, before entering judgment, may require the plaintiff to fle « bond in an amount approved by the court. Irthe defendant is later found to be in military service, the bond shall be available to indemnity the defendant against any loss or damage the defendant ‘may suffer by reason of any judgment for the plaintiff against the defendant, should the judgment be ‘set aside in whole of in part, The bond shail remain in effect until expiration of the time for appeal and setting aside of a judgment under applicable Federal or Stale law or regulation or under any applicable ordinance of a political subdivision of a State, The court may issue such orders or enter ‘such judgments as the court determines necessary to protect the rights of the defendant under this Act. 50 U.S.C, 3931(5)(3), 4, Satisfaction of requirement for affidavit ‘The requirement for an affidavit above may be satisfied by a statement, declaration, verification, or certificate, in writing, subscribed and certified or declared to be true under penalty of perjury. 50 U.S.C. 3931(b)(4). The presiding judicial official wil determine whether the submitied affidavit is sufficient 5. Penalty for making or using false affidavit, ‘Aperson who makes or uses an affidavit permitted under 50 U.S.C. 3931(b) (or a statement, Geciaration, verifcation, or certificate as authorized under 50 U.S.C. 3931(b\4)) knowing it fo be false, shall be fined as provided in tile 18, United States Code, or imprisoned for nat more than one year, or both. 50 U.S.C. 3831(¢)‘STATE OFNORTH CAROLINA INTHE GENERAL COURT OF JUSTICE COUNTY OF MECKLENBERG DISTRICT COURT DIVISION CASENUMBER CVD. PLAINTIFF vs. MOTION INTHE CAUSE FOR PARENTAGE DEFENDANT NOW COMES Plaintff/Defendant (cirele on), inthe above-enttled action, and ‘moves the Cour for an eranting the Plaiti’Defendant (circle one) the right to establish parentage ofthe father(s) ofthe minor child(ren). In support ofthe Motion, Plaintiff/Defendent (circle one) alleges and says: 1. Plaintiff and Defendant hed a sexual relationship on or around (insert approximate date of cil’ conception) 1. PlaintityDetendant (crete one) isthe biological lather of the child(ren) and should be granted the same rights, duties and obligations as the mother pursuant toN.CGS. §49-15, WHEREFORE, PLAINTIFF/DEFENDANT (cirele one) PRAYS THE COURT: 1 ‘To establish patemity of the minor child(ren) pursuant to N.C.GS. §49-14, 2 ‘That Plaintiff, Defendant and the minor child(ren) be ordered to submit to a ‘load or genetic marker test. 3 For such other and further relief asthe Court deems just and proper. This the day of _ Gign Here)STATE OF NORTH CAROLINA ) ‘VERIFICATION ) COUNTY OF MECKLENBURG) cca being first duly sworn, deposos and says that ielshe is the Plainifin the foregoing action, that he/she has read the foregoing MOTION and knows the contents thereof tobe true of hisfher ovm personal knowledge ‘except for those matters and things alleged therein upon information and belief, and as to ‘those matters and things, he/she believes same to be true. ignite prasence ofa Nota) ‘Swom to and subseribed before me this__day of, 20__. ‘Notary Public My commission expires