Legal Question in Family Law in North Carolina

Full Child Custody vs. Adoption

I know this is going to sound strange but this is a strange situation.

My son and his wife are going to take her sister's baby when he is born and raise him. The sister was going to abort the baby because she already has two children and is a single mom. My son and his wife begged her to give the baby to them. She is all for it and has been adamant about not wanting the child.

My question is this. If my son were to put his name on the birth certificate as the father and she signed over full complete customdy to him, would she or if the real father ever found out (she is not telling him) would they have rights to try to take the baby later.

They were originally going to adopt but someone suggested this, I think the sister. I would prefer a clear cut adoption but the expense is a little more than they can handle right now.

Any and all advice would be greatly appreciated. The baby is due in two weeks.

Asked on 3/16/09, 3:44 pm

1 Answer from Attorneys

Mark Williams Rice Law, PLLC - Web Based & Downtown Office

Re: Full Child Custody vs. Adoption

I have seen at least one case in the Court of Appeals against a mother for fraudulent concealment from the father of the birth of a child. Significant money damages could be awarded in tort.

Definitely talk to a lawyer. I don't suggest this course of conduct. It is fraudulent and potentially illegal (I don't do criminal law).

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Answered on 3/16/09, 4:39 pm

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