Action to establish paternity?

An action to establish paternity is a lawsuit that would be filed by your boyfriend to establish your child as his own. Whether or not paternity testing would be required depends in part on whether or not your Husband objects.

As I said in my previous post, I believe you can give your child your boyfriend’s last name.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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Raleigh, North Carolina 27607
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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

The timing might be a little tight, but why not just divorce him? It will take just over 30 days after you file & notify him, either by publication or certified mail or police service.

I’m not divorced yet, but have been legally separated from my husband for over a year. My boyfriend and I will be expecting a child in late February. What all do I have to do to file an action to establish paternity? Will I have to go to court? I have no idea where my husband is, so if he has to sign something saying the child isn’t his, it would be impossible because I can’t find him. Would my boyfriend just have to sign this and be acknowledged as the father, or would we have to go through paternity testing and all that? And I just want to make sure, when I have my son will I be able to give him my boyfriend’s last name?