want to file divorce, need advice

[carstin]

What is the name of your state?north carolina
ok, i'm in a pretty complicated situation, and its a pretty long story, so here are the basic details.
my husband and i were married in 2000 cause we found out i was pregnant. soon after i had our son in 2001, i began to notice a change in his attitude. he showed little affection for our son (he wanted a girl) i had a hard recovery from childbirth, and this annoyed him. he actually (in my opinion) raped me. any way, i suspected him of having an affai, but never got any real proof. we were(are) unhappy, but he laughed at the mention of divorce, saying he'd never sign any papers. last year, an old friend developed a great relationship with my son(the kind he should have with his father) then in april 2004, he and i became involved(this is the first time i ever cheated) i got pregnant w/ his child. husband found out in july 2004, and forbid me to see the other man, or he was going to take our son. i honestly have had no contact w/ the om since september 2004. husband and hospital nurse said i had to put husbands name as father on birth certificate of new baby. now i have evidence in form of email that he is with at least 2 other women and searching for more. he's even talking about asking one to marry him(and we're still married) i need to know what to do soon.

does anyone know what i can do about the birth certificate?
oh, there is one other detail my son told me that his father tried to make him touch his(dad's) privates, and later that he(dad) tried to touch son's privates. i'm afraid no one will take this seriosly, coming from a 4 year old, but husband does have prior record of indecent exposure to minor when he was 18 or 19. so, i'm wondering if its possible that either he doesn't get contact with son or supervised visits. like i said, theres hardly a loving relationship between husband and our son.
if anyone has any info at all, please post here or email me @ [email protected]
thanks in advance for any advice.

 

[pojo2]

If you are married then the Birth Certificate is correctly recorded.

If indeed your husband touched your son inappropriately then he is a pedofile and needs to be arrested and put under a jail somewhere. In which case you would probably go dig him out.

And for god's sake

USE BIRTH CONTROL FROM NOW ON​

 

[carstin]

"If you are married then the Birth Certificate is correctly recorded."

I have been told the father's name could be left blank.

"If indeed your husband touched your son inappropriately then he is a pedofile and needs to be arrested and put under a jail somewhere. In which case you would probably go dig him out."

No, i would NOT get him out of jail. I have disliked him since shortly after our son's birth!! The only reason he is not in jail is because everyone I spoke to said no one would take it seriously, that they would say i told him to say this to discredit my husband.

 

[pty]

I have been told the father's name could be left blank.

Who told you that, because you already said that the nurse at the hospital told you otherwise.

North Carolina General Statutes, Chapter 130A-101(e):
If the mother was married at the time of either conception or birth, or between conception and birth, the name of the husband shall be entered on the certificate as the father of the child, unless paternity has been otherwise determined by a court of competent jurisdiction, in which case the name of the father as determined by the court shall be entered.

As for your other question, I can only give you my personal opinion--if I thought that anyone had touched my child inappropriately, I would report it without hesitation.

 

[carstin]

Who told you that, because you already said that the nurse at the hospital told you otherwise.

North Carolina General Statutes, Chapter 130A-101(e):
If the mother was married at the time of either conception or birth, or between conception and birth, the name of the husband shall be entered on the certificate as the father of the child, unless paternity has been otherwise determined by a court of competent jurisdiction, in which case the name of the father as determined by the court shall be entered.QUOTE]


I have been told this by 3 people. my husband knows this is not his baby, but i think he made me put his name on the birth certificate just so he could have rights to my baby and have one more reason for forcing me and kids to stay with him! So does this mean if i have a paternity test done, to prove this is the other man's child, that husband's name may be removed and the real father's name put on?

regarding what my son told me, i tried to tell but everyone says it won't matter because husband plans to say i forced my son to say this so i could turn the attention away from my committing adultery.