Can he do this?!?!?!?!?


I have taken a job in another state, and I am supposed to begin work on Feb. 10. My estranged husband, who is NOT the father of the child born during our marriage, told me today that he filed something in Wake County that keeps me from leaving the state with my child. He says that he was told by “Legal Aid” that since he was there when the child, was born, is listed as father on the birth certificate and was the “father figure” for about a year that he does have legal rights to the child and can stop me from leaving the state with the child.

I was told in this forum that since he is not the natural father, he has no rights to the child and therefore cannot pull any crap like this. Which scenario is true and what are my options?



Okay, I see where you have answered a question, that I have asked in another spot.

Yes, if his name is on the birth certificate, he can stop you. There is nothing you can do. There could be one thing you might be able to do. Get ahold of the Bio father and have him fight for his rights, and have a DNA done. If that doesn’t happen, then your husband has all right’s to your son. I am sorry to say, but that is the NC law.

See what an attorney says.


If he was your husband at the time the child was born he is presumed to be the father and you will have to prove he is not. A person who is not the natural parent of the a child (or adoptive parent) does not have rights to the child.