My wife had an affair which led to a pregnancy. We do not have separation papers filed and have only been having serious issues for about a year now. Still living together. If we decide to work out our marriage. What rights does the biological father have. We are all located in NC. Can we see this pregnancy through and keep the father away from the child legally? I wish to repair marriage and am willing to raise a child fathered by another man because of my love for family. But I want to ensure the bio father won’t interrupt if that happens
Since you and your wife were married at the time the child was conceived, you are considered the legal father. This means you would be financially responsible for the child unless and until paternity is proven otherwise (for example, in a child support case against the putative father).
The only way you could keep the biological father away from the child would be if the biological father terminated his parental rights and you adopted the child.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh
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