Question

North Carolina Divorce Law Divorce and Separation Answers
1

Dear Sarah,

North Carolina law presumes that a child born during the marriage is a child of that marriage. It is a presumption that can be rebutted with evidence that someone other than the husband is the father of the child. If your husband and boyfriend want to submit to paternity testing, then the presumption can be overcome.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

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 but a full discussion with an attorney should be undertaken before taking any action.

2

</font id=“purple”> I have been seperated since June 3, 2003. It was a very bad relationship, and I’m very thankful to be out of it. I met another man shortly after we were legally seperated (our marriage had been over for months, but he was refusing to leave, etc). I am now pregnant with the other man’s baby. I know for a fact that it is his baby, and he knows it is his also. The baby is due May 16, 2004. I cannot file for divorce until June 4, 2004. A friend of mine was telling me that according to NC law, my ex-husband will legally have to claim this child. Is this true? I know it isn’t his child. She said because I am married they will automatically put his name on the birth cerficiate. Even if we are seperated and its not his child? I know he isn’t going to voluntarily claim this baby…he knows its not his! Is there any way around this? Thanks!

Sarah