Your solution, if you and the mom can't agree, is to file a claim for custody. If you live in Rocky Mount that would be a Nash County case you file at the courthouse in Nashville. You could do it yourself but I would not recommend that. Talk to a local family law attorney.
Scott Allen is a divorce and family law attorney in Wake County, North Carolina with over eighteen years of experience. He can be reached at 919-863-4183. DISCLAIMER: YOU SHOULD SEEK THE ADVICE OF A QUALIFIED ATTORNEY IN YOUR AREA TO ANSWER YOUR SPECIFIC LEGAL QUESTIONS. SCOTT ALLEN IS LICENSED ONLY IN THE STATE OF NORTH CAROLINA AND THIS RESPONSE DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT CREATE AN ATTORNEY/ CLIENT RELATIONSHIP. RATHER, THE RESPONSE IS IN THE FORM OF LEGAL EDUCATION AND IS INTENDED TO PROVIDE GENERAL INFORMATION ABOUT THE MATTER IN QUESTION. ALTHOUGH A RESPONSE IS PROVIDED TO THE SPECIFIC QUESTION, THERE MAY BE OTHER FACTS AND LAW RELEVANT TO THE ISSUE THAT THE QUESTIONER HAS LEFT OUT AND WHICH WOULD MAKE THE REPLY UNSUITABLE. THEREFORE, THE QUESTIONER SHOULD NOT BASE ANY DECISION ON THE ANSWER, BUT SHOULD CONFER WITH AN ATTORNEY IN PERSON AS SATTED ABOVE REGARDING THE SPECIFICS OF HIS OR HER CASE
As the biological father, you certainly have rights to accomplish this. It is not very difficult, in most circumstances. We are local, Rocky Mount/Nash Co. custody and divorce attorneys. We handle cases just like yours almost every week. In fact, we just completed one yesterday for a father in a similar situation. We'll be glad to discuss this with you. Feel free to contact us!