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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.
Custody and Visitation Law for Unmarried Parents There is no such presumption that the primary right will be with her mother. The court may instruct both parents to stay close to the child or may restrict the rights of one parent due to reasons like abuse or addiction.
It should give you some comfort that unmarried parents have the same parental rights as married couples in North Carolina. No matter your relationship status, you have the right to establish paternity, pursue child custody, and ask for support.
What age can a child decide which parent to live with in NC? 200bThere is no magic age number when a child can decide who to live with under North Carolina law. When a child turns age 18 and becomes an adult they can choose to live wherever they want, but before then a judge can dictate where that child must live.
Do courts favor the mother over the father? No, North Carolina has abolished any presumption over either the mother or father. The courts must use the best interest of the child in determining custody.
While some states allow children of a certain age to choose one parent over the other, there is no such law in North Carolina that would allow children to choose which parent to live with at a certain age. In other words, it does not matter whether your child is 5 or 15.
Fathers Have Equal Rights to Custody and Visitation Fathers and mothers have equal rights to child custody both physical custody (where the child lives) and legal custody (decision-making authority). The law focuses on what serves the best interests of the child.
As per the North Carolina child custody law for unmarried parents, the birth mother has post-natal custodial rights and can refuse visitation to the biological father until his right to custody is established. To challenge this, the father can file paternity action for child visitation or similar custody rights.
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.
It should give you some comfort that unmarried parents have the same parental rights as married couples in North Carolina. No matter your relationship status, you have the right to establish paternity, pursue child custody, and ask for support.