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Question

I am a North Dakota resident. I am pregnant and unmarried. I am concerned about custody of my unborn child. The father is rarely in my life and I want full legal and physical custody of my child. Is there any rights the father will be granted?

Submitted: 147 days and 5 hours ago.
Category: Family Law
Value: $15
Status: CLOSED
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State/Country: North Dakota

Accepted Answer

Hello,

Thank you for your question. I am happy to assist you.


Absent the establishment of paternity, an unmarried father has no parental rights as he is not legally recognized as the father.


When a child's parents are unmarried the mother has sole custody unless the father takes some action to establish his paternity. If no paternity is established, the father has no rights to see the child.

Once paternity is established, both the father and the mother will have equal rights to custody of the child.

Therefore if you do not want the father to have rights, you should not put the father's name on the birth certificate.

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Expert: FLAandNYLawyer
Pos. Feedback: 98.3 %
Accepts: 
Answered: 6/28/2009

Lawyer

20 years of private practice

147 days and 5 hours ago.

Reply

Can he request to put on the birth certificate? What would happen if he orders a paternity test to establish paternity? Can he then seek more than visitation agreed by me?

Posted by FLAandNYLawyer 147 days and 5 hours ago.

Answer

Hello,

You do not have to consent to his name on the birth certificate. However, he can file a court action to determine paternity. Once paternity is established, his rights are equal to your rights.

If you do not want him to have visitation, custody and are willing to forgo child support, you could move out of state prior to the child's birth. He would then not know where you were to petition for the paternity test.

147 days and 5 hours ago.

Reply

Is there any way he could be granted joint custody? I am a fit mother who already has 2 children from a previous marriage.

Accepted Answer

Hello,

He certainly could be awarded joint custody. Neither parent is given preference.

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Expert: FLAandNYLawyer
Pos. Feedback: 98.3 %
Accepts: 
Answered: 6/28/2009

Lawyer

20 years of private practice

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