What are my rights as a single mother of unborn baby

Asked 9 months ago - Charlotte, NC

I am about to have a baby in 8 weeks I will not be putting the baby's fathers name on the birth certificate, do I need to file for full custody or do I already have full custody as this baby's mother?

Attorney answers (2)

  1. Mark S Williams

    Contributor Level 14


    Lawyer agrees

    Answered . You have an unqualified right to name your baby. I included a link below to more information about that.

    You will need to file a custody action to define your rights/responsibilities as to child custody for your baby. I suggest you do that as soon as possible after the baby is born. Without a court order, the father technically has "equal rights" to the child and could pick him/her up from a child care facility and he would not have to return the baby without a court order. To manage this risk, it is best to have a court order that defines your rights and responsibilities.

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  2. Adam W. Bull


    Contributor Level 11

    Answered . I agree with the above but why don't you want the father involved? Obviously you thought he was good enough to have relations with him to create the child.

    It is important for children to have the influence of both parents if they are fit. Nothing in your questioned mentioned anything that raised questions of unfitness. Some judges will use the fact you are trying to cut off the fathers involvement as evidence you are not acting in the child's best interest by removing him from the child.

    Even if you do put his name on the birth cervical he can file a legitimation action and force it to be added as well as request a name change.

    I suggest you do the right thing and reach out to him instead of trying to lock him our. Even if your relationship didn't work out you shouldn't punish your child by growing up without a father for your poor choice in who you decided to sleep with.

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