There is no question the child is mine. Is there anything I can do pre birth to ensure my parental rights, as well as the baby having my last name on the birth certificate.

Your general location is important as there are some areas with putative father registries and others with none. If you can provide the experts with your location you will get more appropriate advice.

The child was conceived in Texas, but will be born in N. Carolina.

This was not a "fling" There is a 20 year history between us. Unfortunately she is a documented victim of domestic violence, and like too many others has chose to return. I can't protect her but I must protect our baby girl.

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Originally Posted by Robb138

.... Is there anything I can do pre birth to ensure my parental rights, ...

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A Putative Father Registry, if available in N.C. (see the sticky at the top of the Family Law Forum), would be for that.

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Originally Posted by Robb138

... Is there anything I can do ... as well as the baby having my last name on the birth certificate.

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Check with the N.C. vital statistics office about the procedure to sign an affidavit of paternity, after the birth, to get your name on the BC. I doubt this is possible because of the presumption that a child born to a wife is the child of her husband, but it wouldn't hurt to ask.

Since she is married, the law presumes her husband to be the father. That means you will have to mount a court challenge to the paternity.

I would suggest contacting an attorney to guide you through this, especially if you want to file anything pre-birth.