Legal Question in Family Law in North Carolina

Can a mother keep a child from their real father? and if not how can the child see the other family!?


Asked on 6/08/10, 5:39 pm

1 Answer from Attorneys

What age is the child? If the father wants to see the child, then the father needs to assert his rights to the child if she will not let him see the child. Regarding the father's family, the father can take the child to see them during the periods in which he has partial custody/visitation. However, he first needs to get a visitation order set up.

You mention "real" father. Is there another man in the picture, like the woman's husband? Children born during marriage are presumed to be children of the marriage unless the father can show that he had access to the wife when the child was conceived. The father can bring a paternity action and request blood tests in that case. If the tests show that you are the father, then you can get visitation.

Where do the mother and child live? If outside of NC, talk to a family law attorney in that state regarding paternity and child custody. Each state's laws differ. Have the father contact a family law attorney in the county/state where the mother and child live.

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Answered on 6/09/10, 9:54 am


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