Legal Question in Family Law in North Carolina

I just had a baby on August 3rd, my child's father & I agreed that she won't be traveling for awhile because she a newborn & it's safe for her to be at home for now, he's trying to take her, saying he's going to get custody ect, does he have grounds to get custody of her when we are not married & the child lives with me?


Asked on 8/11/15, 10:40 am

1 Answer from Attorneys

Depends. If he isn't on the birth certificate then he basically has no rights and he will need to establish paternity thru an acknowledgment or paternity testing before he has any 'rights'to the child. If he is on the birth certificate, he has as much right to the child as you do but transporting the child across state lines without your consent could land him in a lot of hot water. So bottom line if he is the father he could potentially be successful in a custody action. Obviously you and the father working together is always the best way to handle this issue but if he simply won't work with you then one way to delay dealing with him is to keep him off the birth certificate as long as possible and when and if he does get on the birth certificate, immediately hit him with child support so that he has less money for an attorney. Best of luck to you.

Read more
Answered on 8/13/15, 3:30 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in North Carolina