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Submitted 328 days ago...

riverman120

riverman120

New User (1)

My rights with unborn child

I am married and had an affair while I was living in FL and moved to NC recently. I am 23 weeks pregnant and the father of the baby was ok with me moving to NC. My husband and I are starting over here in NC can the gentleman I had the affair with come take the baby away after he is born?

 
 
 
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Answer 1 / 4

Submitted 328 days ago...

Jodi-Mesa

Jodi-Mesa

Brain (2,795)

He can't take the baby away, but he can take a paternity test and if he is the father, you can sure for child support and he is allowed to have visitation. OR if he is the father he can willingly relenquish his rights to the child and your husband can adopt it. Good luck - it's never easy to repair a marriage after something like that, but it's worth it right :)

 

Answer 2 / 4

Submitted 326 days ago...

slb2007

slb2007

Beginner (23)

There really isn't any way he could just come in and take the baby from you when he/she is born. First of all he would have to prove you two to be unfit parents, your home was not suitable and couldnt support the child. Secondly if he isn't present to sign the birth certifacte he will give up all rights of the child at birth and the only way to get rights is take a paternity test to prove he is the father of the child and then fight you for his rights of custody and visitation. So you shouldnt have anything to worry about with him taking the baby from you.

 

Answer 3 / 4

Submitted 228 days ago...

Six682

Six682

Beginner (57)

He cant take full custody unless u r proven to be an unfit mother(In court, drugs, baby not safe ect) He can pettion for up to 50% custody. If he wants to as long as he is the BIOLOGICAL FATHER, he has just as much into the baby as u. Most courts wont take the baby away from mom for the Majority of time, but he is ENTITLED to the baby just as u r.

 

Answer 4 / 4

Submitted 127 days ago...

jturner97

jturner97

Beginner (11)

No, when you are married and have a baby in the marriage it is assumed by law unless otherwise proven, that the baby is a product of the marriage. Also if your husband signs the birth certificate then he will legally be responsible for the child even if he is not the father. Then I would just leave things be unless that person tries to bring suit into court. Then if that person tries to file petition to seek visitation or custody, then you could ask the judge if your husband could adopt the baby, and if that man could voluntarily sign a termination of parental rights. If you really want to make a new start, and leave this guy out, then don't contact him at all the longer the time goes by that he does not make an effort to contact the child or visit the child, or support the child, then the greater chance the court would agree with you based on the best intersts of the child. Before any of this could happen, he would have to prove that he is the father, because according to law your husband is considered the father, and I doubt most guys would want to do this because doing so would cause him to be responsible to pay child support, and lets face it how many guys actually want to do that?

 
 

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