Legal Question in Family Law in North Carolina

I was married for several years and separated in 2001, filed for a divorce in 2004. I was in another relationship and about to have a child. Sep.2005 my daughter was born and the divorce was finalized in Oct. 2005. While in the hospital, the Rep. that does the birth certificates called my room. She asked my marital status and I told her the divorce would be finalized in a month or so. She says to me that my daughter could have her father's last name, but my ex-husband has to be named as the father. I asked why and she says "It is a Law". I pleaded for her not to do it but she says she had to. Once I started to call around to different Lawyers and the county court building to get his name removed from the Birth Certificate, no one knew of this so-called "Law". Can someone please help me because all of the attorney's I have spoken with just want me to come in and pay a retainer.


Asked on 6/21/10, 7:47 pm

1 Answer from Attorneys
Rachel Hunter

You cannot just have your ex-husband's name removed. A child born during the marriage (while you were still married legally) is a child of the marriage. If you don't want your ex-husband's name on the certificate, the real father of the child has to come forward and put his name on the birth certificate, either by legitimating the child or bringing a paternity suit. No court is going to bastardize your child. And you are going to need an attorney for the legitimation or paternity action. It will be cheaper and simpler if everyone consents and you go the legitimation route.

Keep searching - you will probably find a lawyer who will give a free 30 minute phone consult.

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Answered on 6/22/10, 7:51 pm


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