Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
My husband and I live in North Carolina and have agreed to divorce. However, due to his job, he had to leave the country before we could start the proceedings. We agreed to start our one year separation during this time. I met a man while he was gone who was also going through a divorce. We started talking and soon we were in a relationship. He and I talked about the future and starting a family together. Well it happened a little earlier than we expected. He came to all my appointments and knew he was the father. I soon found out he was NOT getting a divorce, plus he had three other children with three other women, two of which he has no custody or visitation with (he signed away his rights) and then he started denying that he was the father of our baby. When the child was born my husband and I had decided to reconcile and try again in our marriage. He said he would be the father to this child. So his name went on the birth certificate. My question is, is there a way to have the biological father waive any rights to the child? I don’t want him coming back in 5-10 years and disrupting her life. Side note: We do plan on telling her about him when she is older and if she wants to seek him out when she’s an adult we are supportive of that.
Under most state laws, any child born to a married couple are presumed to be the legitimate child of that married couple. With that being said, it is presumed that the child is the legitimate child of your husband. Since your husband’s name is on the birth certificate, this gives him legal parental rights to the child.
Now,since your ex was not listed on your child’s birth certificate, he currently has no legal rights to the child. However, this could possibly change if he later files a petition for parental rights/custody. He may or may not do so. Only time will tell. You should meet with an attorney for legal advice and guidance.
