Statesville, NC asked in Family Law and Child Custody for North Carolina

Q: How can I get full custody of my unborn child?

I’m currently married. The baby is from another relationship I had. My husband and I don’t want the father involved his a risk no solid income and inconsistent living. And unsafe people around.

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1 Lawyer Answer
Amanda Bowden Johnson
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Answered
  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: You can't - you'd have to wait until the child is born. At that time you will have full custody and your husband will be presumed to be the father and will be on the birth certificate (if that is what you want - the other option is for the birth certificate to say 'refused' - the actual father can not be on the birth certificate if you are married). It would be up to the actual father to sue you and establish paternity as well as for custody or visitation (which you do not get to unilaterally dictate). However, that is an expensive proposition and will put him on the hook for child support - which is something that most people with the characteristics you describe the actual father as having, typically do not want to be on the hook for. So essentially you can take a "there's nothing to worry about until there is something to worry about' approach and simply hire a family law attorney later down the road if the actual father sues. Until he is granted rights by a court - he will have no paternal rights. Best of luck.

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