QUESTION

What can he do, if anything, and what are his rights if the child is not biologically his?

Asked on Apr 27th, 2013 on Child Custody - North Carolina
More details to this question:
My daughter had a baby girl on 2/27/13 by C section. That same day, the man she thought was the baby's father signed the birth certificate, had my daughter sign the child over to him, she then after all the drugs wore off realized what she did and rescind this agreement as the hospital knew about this but somehow he talked her into letting him take the baby to NC a few days later. When talking to him, she found out that he was going to NC courts with all the paper work trying to get custody down there so we went to NJ courts and because the child has not resided in NC for 6 months or more so at this point the court order a DNA and he is not the father. What rights does he have to the child? He is saying that since he had the child for 2 months so far because my daughter still has not received a judgement to get the child back in her custody until the next court date, he is saying he is going to take this to the next step.
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1 ANSWER

Divorce & Separation Attorney serving Jacksonville, NC
2 Awards
Your story has big gaping holes in it. It does not make a whole lot of sense and as you have told it, your daughter is most likely in no condition nor is she fit to have custody of a child. So why you want the child back is questionable. Seems very likely the child would be in just as much danger or more in your daughters care as in the care of the person who has the child now. First, no where in America can a woman 'sign over a child' like its a piece of property, especially just after giving birth, under the influence of drugs and in the care of a hospital. Second, if she did, she can't later say oops, I've changed my mind and unilaterally 'rescind the agreement'. Third, your daughter's mental state is very suspect, if she after all that, allowed him to 'talk her into' taking the child to NC. However, if he is not the father, he has no rights. Why you aren't down in NC with a court order and a couple of sheriff's deputies to take custody of the child is beyond me. I suspect it is because while a DNA test may have been ordered by a NJ court, if I were him in NC, I'd flip NJ the bird, completely blow them off and not take the test. So most likely, you do not have DNA evidence that he is not the father. Besides if you did, why would he want to keep the child? What you need to do is get on the ball and get a court order asap. As for his big 'next step', there isn't a legal one in NC because he doesn't have jurisdiction. However, there are plenty of illegal next steps. If he really is not the child's father, I'd be concerned the child will be sold either to an illegal adoption agency or to human traffickers. If that happens, you have about a 48 hour window before you'll most likely never see that child again.
Answered on May 01st, 2013 at 4:43 PM

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