Can I prevent visitation from my wife's child's biological father?

Full question:

If my wife is pregnant with another man's child and he wants visitation,can this be prevented?

  • Category: Paternity
  • Subcategory: Visitation
  • Date:
  • State: North Carolina

Answer:

Unmarried fathers have rights similar to those of married fathers. To seek custody or visitation rights, paternity must be established, meaning the legal acknowledgment of the father-child relationship. Courts will consider the best interests of the child when making decisions.

Parental rights can be terminated under certain circumstances, such as:

  • Abandonment of the child
  • Neglect of the child
  • Unfitness of the parent
  • Failure to adjust as a parent
  • Risk of serious injury to the child
  • Token efforts by the parent to support or communicate with the child
  • Abandonment by a parent regarding the child

It's advisable to consult a local attorney who can evaluate your specific situation. Parents must provide for their children, regardless of marital status. If parents disagree on support contributions, courts can intervene and order child support payments.

In most states, a paternity action is a civil lawsuit. Only certain parties, such as the mother, alleged father, or child, can initiate this action. After reaching the age of majority, a child may have additional time to establish paternity.

A court will not automatically order paternity tests upon filing a paternity action; it will review the petition first. If a test is ordered, the mother, child, and alleged father will be tested. A court's determination of paternity is final and will affect the child's rights.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, having another child can impact custody arrangements. Courts consider the best interests of all children involved. If the ex's new child affects their ability to provide care or financial support, it may influence custody decisions. However, each case is unique, and the court will evaluate the specific circumstances.