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You will not be able to file for sole custody of your child without the father knowing. I would highly recommend consulting with a local attorney prior to filing anything in this case.
Under North Carolina law, you have those rights as a father. In fact, unless you voluntary give them up, or a court orders otherwise, your rights as a parent are equal to those of the mother. You may even be entitled to receive child support payments from the mother.
How Much Does it Cost to File for Child Custody? To file a case you need to pay a filing fee which is set by your local district clerk's office of the country where you are planning to file a case for your child's custody. This normally ranges from $200 to $400.
Parents submit a proposed consent order to the court when they settle a case without using a mediator, and it becomes a court order once signed by a judge. Parents can also submit proposed consent orders individually when they can't agree. If you have an attorney, they will help you draft the document.
North Carolina child custody laws use the term secondary custody, but it is basically just another way of saying visitation rights. Legal custody, which has to do with the important decision making for the child, can be awarded to either co-parent or both co-parents in this case.
Under North Carolina law, you have those rights as a father. In fact, unless you voluntary give them up, or a court orders otherwise, your rights as a parent are equal to those of the mother. You may even be entitled to receive child support payments from the mother.
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
In North Carolina, parents can settle custody and visitation through private agreement, and don't even have to see the inside of a courtroom to do so. Until there is a settlement between the parents or the court determines custody, each parent has equal rights to physical possession of children of the marriage.
In order to start a custody case, you need to file a custody complaint with the court in the county where the parent or the child resides or in the county where the child is physically present.