What are the rights?


You need to have a child custody agreement in writing before he can come see the child. My understanding is that by law, if he is paying support, then he is entitled to at least supervised visitation, but you should have a custody agreement to make everythign clear. But first you must prove paternity and that will be difficult to execute in another state. In any case it will be expensive. I would suggest you try to work with your county to see what kind of programs are out there, such as WIC, food stamps, and assisted housing.


Dear Lynn:

Greetings. First, you can do one of two things:

  1. File a request to terminate his parental rights. You would not be able to get child support if you do this, but he could never come and take the child.

  2. You can file a claim for custody and child support. Otherwise, with just a child support claim, he would be able to come and visit your child.

Let’s be clear though…even if he came and took the child, you would be able to get an immediate custody order. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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 am a single mom of an 11-month old little boy and have never been married to his father.His father decided to leave after I was 5 months along.He moved to Texas and got married two months before I was due and had a baby due in September of this year.I cannot afford to stay home and am having to look for a job.But could possibly lose it if I do not have my son in child care.I am thinking about going after him for child support so that I can get help with child care,but I am scared to death that if I do-his father will be able to just show up on my door step and say I am paying child support and he is going with me to texas.My question is-What are his rights if he has never seen my son and I do get child support???Can he just come in and take him if he chooses??Please Help!!!