You can file in either state. Get a custody agreement so you can start seeing your child. And don’t settle for supervised visitation, your marital status has nothing to do with your biological status.
The action should be filed in the home state of the child. The father will likely be awarded visitation unless he has issues that make that unhealthy for the child.
Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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.
I have a question regarding the rights of an unwed father. Here is the situation, the mother of the child will not allow the father to take the child who is 10 months old out of her home. He is only allowed to visit her in her home for short periods of time. It is a 5 hours drive for the father to visit the child since he lives in another state. What rights does the father have and should he go to court in NC or in the state he lives in for visitation/custody rights?