North Carolina Agreement for Consent Judgment Establishing Paternity, Granting Joint Legal and Physical Custody of Minor Child to Mother and Father and Establishing Child Support Payments to Mother

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US-01352BG
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Description

Putative father means a reputed father, as established by: any person adjudicated by a court of a state to be the father of a child born out of wedlock.; any person who has filed with the registry before or after the birth of a child born out of wedlock, a notice of intent to claim paternity of the child; any person adjudicated by a court of another state or territory of the United States to be the father of a child born out of wedlock, where a certified copy of the court order has been filed with the registry by the person or any other person; and any person who has filed with the registry an instrument acknowledging paternity. The majority of the states in the United States have a putative father registry, usually administered by the state's Department of Vital Records.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Agreement for Consent Judgment Establishing Paternity, Granting Joint Legal and Physical Custody of Minor Child to Mother and Father and Establishing Child Support Payments to Mother

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FAQ

In North Carolina, there is no presumption that favors one parent over the other (i.e. mother favored over the father). North Carolina is one of many states that have abolished the maternal preference, favoring the mother of the child.

Joint legal custody. This term means that the parents will share in making all major decisions that affect the child.

Custody agreements are contracts between parents that aren't filed with the court. Attorneys warn that they can be difficult to modify or enforce, since they aren't court orders. Be sure to include information about how a court should handle breaches of the contract, in case you ever need to sue the other parent.

Mothers and fathers have equal custody rights in North Carolina. The state's custody guidelines require judges to consider what is in the best interests of the child, and not let a parent's gender factor into the decision. There are no presumptions and all custody rulings are made on a case-by-case basis.

What Are Your Rights as an Unmarried Parent? 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.

As discussed above, North Carolina no longer presumes that the mother is the one most capable of serving as the child's caregiver. Fathers and mothers have equal rights to child custody ? both physical custody (where the child lives) and legal custody (decision-making authority).

Both legal parents have equal rights to the child if there is no custody order. ?Legal parents? are people officially recognized as parents on the child's birth certificate, a court order such as a child support or adoption order, or an affidavit of parentage.

Judges decide child custody based on ?the best interests of the child.? This decision can include many factors, such as the parents' living arrangements, each parent's ability to care for the child, the child's relationship with each parent, and any other factors affecting the welfare of the child.

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North Carolina Agreement for Consent Judgment Establishing Paternity, Granting Joint Legal and Physical Custody of Minor Child to Mother and Father and Establishing Child Support Payments to Mother