Legal Question in Family Law in North Carolina

Non married Mothers custody rights

Have girlfriend from N.Carolina wanting to move to Texas with her 10 month old twins.She was not married to supposedly father that's on birth certificate,He has paid no child support or taken paternity test, They don't live together. Does he have any rights to stop move or get her for kidnapping or any trouble with law if she is sole care giver except for his name on birth certificate. He has no money,49yrs old still lives with mom. But threatens to take baby's from her. Does he have any way of doing this? She is a very loving mom and we love each other but we both agree the kids come 1st. Please help or gives us a very reasonable attorney to talk to.


Asked on 7/11/09, 4:57 pm

1 Answer from Attorneys
John Armstrong The Law Office of John W. Armstrong

Re: Non married Mothers custody rights

If she was not married to him, under Texas law he has no rights until Paternity is decided. If you are going to marry her, and adopt children he may have to be brought in, but for her do anything about the children here in Texas she has to reside here for more than six (6) months and reside in the County where she is going to file a case for ninety (90) days. If he files anything in a North Carolina Court before that time period, she will be required to go back to North Carolina, otherwise the case can be here in Texas, but you need to get her here and then call me.

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Answered on 7/11/09, 5:40 pm


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