QUESTION

What can be done about child custody and establishing paternity in my case?

Asked on Jun 14th, 2013 on Child Custody - North Carolina
More details to this question:
My husband of 10 years and I separated 5 months ago. He is currently incarcerated in a jail in Kentucky. Our daughter was born before we were married and he is on her birth certificate and we got married while was pregnant for the boy he is also on his birth certificate. At separation I admitted to him that I don't think our son is actually his. No one seems to want to do anything about helping me establish new paternity so he isn't responsible for him as in paying child support. What can I do especially because I am fearful of what his actions are going to be when he gets out when he has already began to make threats towards me and my new boyfriend who had absolutely nothing to do with the separation. I haven't even started the divorce due to the threats he has previously made to me about if I do file. Please give me some advice.
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1 ANSWER

Family Law Attorney serving Durham, NC at Morelos Law Firm
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The first important thing to know is that you cannot file for the divorce itself until 1 full year of separation - it sounds like you have another 7 months to go. If and when he gets out, if you ever have substantial fears or threats of harm for your safety or your children, you can consider filing for a domestic violence protection order.
Answered on Jun 15th, 2013 at 4:27 AM

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