Legal Question in Family Law in North Carolina

She Wants a Baby and I Do Not

My wife (36) and I (46) have been married for 5 years. Although she knew when we married that I did not wish to have children, she now wants one very badly. She is willing to agree to have a child with the understanding that the child would be hers and that I would have no financial responsibility for it should we become divorced within the first 2 years. Would the court system allow her to voluntarily sign (after having her rights explained to her by her own attorney) such a document? We're aware that this is an quite an unconventional manner in which to contemplate having a child, however, we're both willing to explore this possibility...if it is legal. My primary concern is that although it may be legal, would the document ''enforcable''. In other words, if she changes her mind after having a child and attempts to sue for child support, could the agreement be invalidated? Thanks in advance for your answer.


Asked on 1/09/03, 1:21 pm

2 Answers from Attorneys
John Kirby Law Offices of John M. Kirby

Re: She Wants a Baby and I Do Not

The other reply is correct, with an important caveat I think. You may want to consult a lawyer in your area. I think that the contract would effectively prevent your wife from suing you for child support, unless she were not capable of providing for him. In other words, the law will not allow you to escape any liability, if that is needed for the welfare of the child. I think, however, that if your wife has enough imcome or money, then it would essentially be valid. These issues are tricky, however, and so you may want to consult an attorney. Of course, there may be ethical and moral considerations here, beyond the legal ones.

Read more
Answered on 1/10/03, 6:17 pm
Jim Griffin The Law Office of James L. Griffin

Re: She Wants a Baby and I Do Not

You cannot contract child support. In other words, make a baby and you are responsibile for its support-period. If your wife changes her mind (0r not), you will be responsibile for one half support. However, if she were to remarry and the new husband were to adopt, you could seek release from support at that time.

Read more
Answered on 1/09/03, 11:26 pm


Related Questions & Answers

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