Legal Question in Family Law in North Carolina
father's rights
My son and his girlfriend have a 2 yr old and have been living together for 2.5 years. They live in NC. Her parents want she and the baby to move to PA to live with them. My son is the father on the birth certificate but there is no other legal document giving him any shared custody. Can she take the child out of state without my son's permission. Does he have the right to involve police if she does?
3 Answers from Attorneys
Re: father's rights
Your son needs to start a paternity case in the child's current home state to determine and enforce his rights. He should get advice from a practitioner in that state. He would almost certainly need this before any rights could be asserted. This does not sound like a criminal matter at this time, so the police are not likely to be a resource.
Re: father's rights
Unless there is a court order, or an existing or filed paternity action, she can do as she wants.
If no action has been filed, then file one yesterday. If you need assistance, contact me.
Re: father's rights
He needs to (a) file an action to legitimate the child as a Special Proceeding so that the child will have all the rights and responsibilities of a legitimate child; and (b) file a custody action which would grant him visitation or custody rights.
He can't stop her from leaving without the custody action and even then may not be able to stop it - depends on her reason for moving.
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