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In North Carolina, both unmarried parents have the same parental rights as married parents once paternity is established. In the time after the child's birth but before the parent(s) establish paternity, the mother has custodial rights.
To petition for and win sole legal custody, you have to prove that it is in your child's interests. If you can prove that your co-parent is unfit, unable to care for the child's basic needs, or a danger to the health and welfare of the child, the court may consider this reason to award you sole legal custody.
Although unwed mothers are granted full custody of their children automatically, the father of a shared child can bring evidence before a court proving his ability to better parent a shared child if necessary.
To recap, the parents must agree to a written parenting plan, but the court must also find the resolution to be in the best interest of the child. Only then will the court grant joint custody to the parents. Call the Family Law Team at (480) 467-4348 to hire a qualified attorney to represent you.
How Do I Request Modification? Making a request only requires you to submit one form: Form FL-300, the Request For Order. Once filed with a court, the process will begin in earnest. You may also file Form FL-311, Child Custody, and Visitation, though this is optional.