Asked in Child Custody, Child Support and Family Law for North Carolina

Q: If the father has not signed the birth certificate and wants no form of custody or rights,only wants visitation,is this

Something that is legal? He also has not established paternity and has never been financially or physically involved consistently.The child is almost 2 years old and has always be in the mother's care.The father wants no rights other than visitation.Will the father be obliged to take responsibility or be legally forced to have any rights? The mother and father were not living together or married at any time.

1 Lawyer Answer
Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: If paternity has not been formally established by the court or otherwise and he is not on the birth certificate. He has no rights or obligations. So if he wants to visit - that is likely on your good graces. So if you want child support you could certainly take the steps to establish paternity and obligate him to pay child support but if you do that it will also establish his parental rights to potential custody and visitation.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.