Legal Question in Family Law in North Carolina

I have been legally separated since april 4th, 2013. I am in a relationship now and despite extensive birth control find myself pregnant. Does my husband haveany right to this child(I have not had relations with soon to be ex since November of 2012) The biological father(my BF) will be signing the birth certificate but I will deliver before the divorce is final.

Asked on 10/20/13, 3:00 pm

2 Answers from Attorneys

Kenneth Love Ken Love Law

Make sure the biological father signs the birth certificate. When you are married, the husband is presumed to be the father and you need to rebut this presumption.

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Answered on 10/22/13, 8:16 am
Amanda Houser The Houser Law Firm, P.C.

If you deliver before the divorce the biological father won't be signing squat - the birth certificate will be marked 'refused' unless you husband wants to sign off on it (which I doubt because that puts him on the hook for child support for a child that's not his). You can however, give the child the biological father's last name if you want. Mr. Love is correct though that you will want the biological father to sign an affidavit of parentage and get the birth certificate changed to reflect him as the father ASAP after the divorce.

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Answered on 10/23/13, 6:26 am


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