Paternity Rights After Fathering A Child With A Married Woman

[cctoms]

My question involves paternity law for the State of: North Carolina.

My son was 16 at the time he was seeing a married woman in her 20's and this went on til a few month before his 18th birthday(no one knew they were seeing each other until they split up). They split up and 2 weeks later she said she was pregnant and telling everyone that she and her husband were having a baby.

Well I talked to her and her husband about all this and the possibility of it being my sons child. The husband got smart and said to stay out of thier business and it was his no matter who the fater really was. We tried off and on throughout her pregnancy to work things out peacefully to no avail.

The woman brought he child to see me when he was 8 mos old and I got a cheek swab of his mouth and she didnt even see me doing it.
(Decieving I know) anyway I did the same to my son and we sent the test off and it shows he is the father.

She has been sneaking behind her husbands back letting my son see the child. My son has been talking to he rand wanting her to get all this open to her husband(he knows the child is not his) The husband doesnt want my son to have any part of the childs life and is not willing to come to some kind of an agreement.

We have appointments to talk to a few Lawyers and wanting to know if we have any chance of fighting them on this. My son wants visitation rights and to have the birth certificate changed to him being the father and the childs last name changed to his.

The child just turned 1 in April 2008 and my son is 19 and will turn 20 in sept of 2008. He is more than financally stable and can afford to pay all cost involved in this matter and is willing and able to pay support to the child.

For a person his age...He really has a head on his shoulders with a very good job. He does not live paycheck to paycheck and financally can handle all this. Any advise would be appreciated.

[LawResearcherMissy]

Any advise would be appreciated.

Advice for you?

Pay attention to the husband: stay out of it. You don't have a dog in this fight, and if you try to step into it, you might get yourself sued to a fare-thee-well. You had no business taking a cheek swab from that child.

Advice for your son?

Legally, the child is the husband's. North Carolina, like many states, holds that the man the mother is married to at the time of the birth is the legal father.

If your son wishes to establish paternity, he'll have to hire an attorney and initiate a civil paternity action.

[GV70]

49‑12.1. Legitimation when mother married.

(a) The putative father of a child born to a mother who is married to another man may file a special proceeding to legitimate the child. The procedures shall be the same as those specified by G.S. 49‑10, except that the spouse of the mother of the child shall be a necessary party to the proceeding and shall be properly served. A guardian ad litem shall be appointed to represent the child if the child is a minor.

(b) The presumption of legitimacy can be overcome by clear and convincing evidence.

(c) The parties may enter a consent order with the approval of the clerk of superior court. The order entered by the clerk shall find the facts and declare the proper person the father of the child and may change the surname of the child.

(d) The effect of legitimation under this section shall be the same as provided by G.S. 49‑11.

(e) A certified copy of the order of legitimation under this section shall be sent by the clerk of superior court under his official seal to the State Registrar of Vital Statistics who shall make a new birth certificate bearing the full name of the father of the child and, if ordered by the clerk, changing the surname of the child. (1991, c. 667, s. 2; 1991 (Reg. Sess., 1992), c. 1030, s. 15; 1997‑433, s. 4.9; 1998‑17, s. 1.)

[cctoms]

To Missy,

I had all Legal rights to get a cheek swab Point blank and simple. Anyone can do it without the concent of the parents for their own peace of mind. I covered myself prior to doing it and talked to a lawyer to make sure nothing was being done illegal.

You are forgetting that this woman was consimating with a minor child, my son. She got pregnant with my minor son and you act like oh well...to just leave her and her husband alone.

To let you know, we have consulted with and hired a lawyer and he said that my son has rights to that child and has the right to petition the court for name change. He also said that the woman decieved my son and her own husband and that both my son and her husband can petition a suit on her.

Also the Lawyer said because my son was a minor at the time, I as a parent can file charges on the woman.

The womans husband doesnt want anyone from his side of the family to know about anything because he is a goody two shoes. Her family does and his doesnt. Her family is on our side also in this matter because they have known about this from the beginning.

My sons Lawyer says she will not want to fight this and will prob agree to some terms because of alot of things that will come out in court that she doesnt want her husband to know.

So in closing "the truth will prevail" and we will not back down and money will be no option in this matter no matter what the cost is.

[CourtClerk]

I have no idea why you felt like you needed to post that diatribe (unless just to vent). What Missy said, was exactly what your son's attorney stated, minus all the emotional garbage.

And if anyone told you that you can have a medical procedure done on a child that you have no legal ties to, then they need their medical license pulled, because quite frankly, had it been me, I would have nailed your behind to the wall. YOU have no legal ties to this child. None. Anyone who tells you different needs to research the term legal stranger (which is you).

No one is forgetting that your son chose to sleep with a woman. The fact is that now he'll have to jump through some legal hoops if he wants this child, because as it stands, he has no child.

[cctoms]

I have no idea why you felt like you needed to post that diatribe (unless just to vent). What Missy said, was exactly what your son's attorney stated, minus all the emotional garbage. Missy did not say anything that my sons attorney stated because we had not seen one at the time my post had been put in.

And if anyone told you that you can have a medical procedure done on a child that you have no legal ties to, then they need their medical license pulled, because quite frankly, had it been me, I would have nailed your behind to the wall. YOU have no legal ties to this child. None. Anyone who tells you different needs to research the term legal stranger (which is you).
Seen Lawyer today and I was in all legal rights to do the procedure becasue the woman put it upon herself to bring the child to me. He also said that anyone had the legal right to do that to anyone that was left in there care by any party. Also he said because my son was a minor at the time then I ws not considered a stranger.

No one is forgetting that your son chose to sleep with a woman. The fact is that now he'll have to jump through some legal hoops if he wants this child, because as it stands, he has no child.

Lawyer said he had rights to the child and also is able to get his name put on the BC as the father and visitation.This lawyer in the best in this county we live in and has a 100% sucess rate. He also said he guarentees he will win or 100% money back. The paternity test we had done as stated by the lawyer we hired is a court legal paternity test.

[cctoms]

Advice for you?

Pay attention to the husband: stay out of it. You don't have a dog in this fight, and if you try to step into it, you might get yourself sued to a fare-thee-well. You had no business taking a cheek swab from that child.



Advice for your son?

Legally, the child is the husband's. North Carolina, like many states, holds that the man the mother is married to at the time of the birth is the legal father.

If your son wishes to establish paternity, he'll have to hire an attorney and initiate a civil paternity action.

Lawyer has been hired and Paternity has be legally been establish. Looks like I won the dog fight!!! Lawyer saids I had all rights to get a cheek swab and can not be sued "fare-thee-well"

[CourtClerk]

Good, then since you have all the rights, then I hope mom sues YOU for child support. Then we'll see how much of a party to this case you want to be when your family income is used to come up with the child support order.

[cctoms]

Good, then since you have all the rights, then I hope mom sues YOU for child support. Then we'll see how much of a party to this case you want to be when your family income is used to come up with the child support order.

My son is an adult now, has is own house,does not live with me and he is having that put into the papars about the support...so no sue here.

The Lawyer said he didnt have to pay a dime in support if the BC is not changed to having him as the father.

All my son wants to do is be a part of his childs life and is willing to step back to this child have 2 daddy's. He is just wanting some legal papers to get to see his son without him and the woman hiding behind the husbands back.

So in the end if the BC is not ordered changed by the court...my sons does not have to pay support but can have his visitation with his child.(per Lawyer)

[Rushia]

My son is an adult now, has is own house,does not live with me and he is having that put into the papars about the support...so no sue here.

The Lawyer said he didnt have to pay a dime in support if the BC is not changed to having him as the father.

All my son wants to do is be a part of his childs life and is willing to step back to this child have 2 daddy's. He is just wanting some legal papers to get to see his son without him and the woman hiding behind the husbands back.

So in the end if the BC is not ordered changed by the court...my sons does not have to pay support but can have his visitation with his child.(per Lawyer)

I don't think you understood the attorney correctly. Once your child is considered the LEGAL father of the child, he will have to pay support. Attempting to get visitation via paternity is going to backfire in his face when mommy wants the support.