If I file for child support does my ex have to sign the birth certificate?

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If I file for child support does my ex have to sign the birth certificate?

I’m married but pregnant by my ex who is also married. The only way I can get help from him is to make him pay child support but I don’t want his name on the certificate. If he pays child support does he have to have visitation rights?

Asked on September 27, 2011 under Family Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You seem to have a complicated situation here that need some sorting out.  First, the law assumes that if you are married and pregnant that the baby is the offspring of the marriage.  In other words, your husband is the Father.  So I would guess here that his name will be placed on the birth certificate unless there is some affidavit of paternity or DNA testing done to indicate otherwise.  Now, the father of the child - one paternity is established - has the same rights as you do to support and to visitation.  You can not restrict him from his right to have a relationship with the child unless you ask the curt to do so "in the best interests of the child."  But cutting off rights completely cuts off support as well.  Good luck to you. 


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