Can I Prevent Visitation By the Father of My Wife's Baby?
Full Question:
Answer:
Unmarried fathers have rights and duties similar to those of married fathers. Generally, paternity must be established for the father to seek custody and/or visitation rights with his child. Paternity refers to the legal acknowledgment of the parental relationship between a father and his child. The answer will be a matter of subjective determination for the court, based on all the facts and circumstances involved. The overall consideration is the best interests of the child. In some cases, parental rights can be terminated based on factors such as:
(a) Abandonment of the child;
(b) Neglect of the child;
(c) Unfitness of the parent;
(d) Failure of parental adjustment;
(e) Risk of serious physical, mental or emotional injury to the child if he were returned to, or remains in, the home of his parent or parents;
(f) Only token efforts by the parent or parents:
1.To support or communicate with the child;
2.To prevent neglect of the child;
3.To avoid being an unfit parent; or
4.To eliminate the risk of serious physical, mental or emotional injury to the child; or
(g) With respect to termination of the parental rights of one parent, the abandonment by that parent.
I suggest contacting a local attorney who can review all the facts in your situation.
Parents are legally obligated to provide their children with all the necessities of life. The failure of parents to marry does not affect their responsibility to support their children. If parents are unmarried and cannot agree upon how much each should contribute toward the support of their children, the courts may decide. A court can order one parent to make specified payments to the other for child support. State laws provide that biological parents make all the decisions involving their children, including education, health care, and religious upbringing. Parents are not required to secure the legal right to make these decisions if they are married and are listed on the child's birth certificate. However, if there is disagreement about who has the right to make these decisions courts can decide.
In most states, a paternity action takes the form of a civil lawsuit. Only certain persons or parties have legal standing to bring a paternity action, including the mother of the child; the mother of an expected child; a man alleging that he is the biological father of a child; a man alleging that he is the biological father of an expected child; the child; a personal representative of the child; the mother and father of a child (a voluntary action filed together); the mother and father of an expected child (a voluntary action filed together); a state social service agency, interceding in cases of child neglect or need; and a prosecutor's office, interceding in cases of child neglect or need. An action for paternity may be filed by the child. In many states, after a child reaches the "age of majority," he has another one to five years to seek the establishment of paternity. Upon the order of a court in North Carolina, if an action to determine parentage is filed and it is determined that a certain individual is the father of the minor child(ren) and that determination contradicts the child's birth certificate, a new birth certificate will be issued reflecting the father as established in the court order.
A court will not automatically order paternity tests simply because a paternity action has been filed. It will review the petition to determine if there is sufficient information contained therein to warrant or justify the compelling of such a test. If the court orders a paternity test, the mother, child, and alleged father will all be tested at a court-designated facility. A court determination of paternity is final, and a copy of the court's order will be needed to establish the child's rights, both present and future.
