Legal Question in Family Law in North Carolina
My husband abandoned this household over 5 years ago. And I am wanting a divorce. I had 2 children from before we were married. Does he have any rights to them since his name is not on the birth certificates? The youngest one was produced by him, but he left the day I told him I was preganant and didnt come back for over a year. Does he have rights with no name on the birth certif.?
2 Answers from Attorneys
He has no rights to the children who are not his. He has no automatic rights to the child that is his if he is not on the birth certificate, in order to have any rights he would have to prove paternity and file some action. You could contest it by claiming abandonment. If you want to prevent it altogether, you can file for termination of parental rights. You have a statutory basis since he has had no contact with the child for four years.
Of course if you do that - you also terminate 'his right' to pay you child support.
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