Legal Question in Family Law in North Carolina

paternity

my son married in jan of ''01''.ended up in NC when she asked him to move out.he did.she was pregnant.he moved to MO.she had baby in sept of ''03''.he recieved divorce papers today and they say there were no children born of this marriage.wants him to sign them.she is asking for nothing except to have her old name back.no paternity test done.he has never even seen a pic of this baby and she wont tell him the babies name.is my son legally a father?what can he do being in MO?


Asked on 3/30/04, 2:14 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: paternity

There is no doubt that your son needs to hire an attorney in the state where the divorce was filed. That attorney will be able to advise him of his legal rights and duties regarding any child born to his wife. In Missouri, the husband is legally presumed to be the father of any child born during the marriage, so there would defineitely need to be a Paternity count to determine the parternity of this child if this case was here in Missouri. Please have your son hire a good divorce lawyer in North Carolina.

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Answered on 3/30/04, 10:19 pm


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