When you have a child but aren’t married, figuring out custody and parental rights can be confusing. North Carolina law treats unmarried parents differently than married ones, especially when it comes to establishing child custody and legal paternity. Without a court order or a formal acknowledgment, one parent may not have enforceable rights, even if they are actively involved in the child’s life.
At Martine Law, we know how emotional and overwhelming this process can feel. You want what’s best for your child, and you also want to protect your rights as a parent. Our North Carolina family law attorneys help unmarried parents establish paternity, define custody arrangements, and secure their parental rights under the law.
Get in touch for establishing child custody in North Carolina.
What Does Establishing Child Custody Mean for Unmarried Parents?
For unmarried parents, establishing child custody means getting a legal order that determines where the child lives and how parenting time is shared. It also sets rules for decision-making about education, health care, and daily life.
In North Carolina, both legal and physical custody must be established through the courts for unmarried parents. Without that order, disagreements about where the child lives or who makes decisions can lead to serious legal issues later.
Under North Carolina General Statutes §50-13.2, the court always prioritizes the child’s best interests. This includes factors like:
- Each parent’s ability to provide a stable home
- The emotional bond between the child and each parent
- The parents’ mental and physical health
- Any history of domestic violence or neglect
If you and the other parent cannot agree, the court will decide custody and visitation terms for you.
How Does Paternity Affect Custody Rights?
Paternity is the legal recognition of a man as the child’s father. For married couples, paternity is automatically presumed. For unmarried parents, it must be legally established before custody or visitation can be ordered.
In North Carolina, there are three main ways to establish paternity:
- Voluntary Acknowledgment of Paternity (VAP): Both parents can sign this at the hospital or later at the local child support office.
- DNA Testing: If paternity is disputed, the court can order genetic testing.
- Court Order: If no agreement is reached, a judge can determine paternity after reviewing evidence.
Once paternity is established, the father gains rights to seek custody, visitation, and decision-making authority. He also assumes responsibilities, including child support. You can read more about paternity procedures on the official North Carolina Court System website.
Custody Options Available for Unmarried Parents in NC
North Carolina recognizes two main forms of custody:
- Legal Custody: The right to make important decisions about the child’s welfare.
- Physical Custody: The right to have the child live with you.
Unmarried parents can share joint custody, where both have a say in major decisions, or one parent may have sole custody if it’s in the child’s best interest.
If you and your co-parent can reach an agreement outside of court, that’s ideal. However, it should always be approved by the court to make it enforceable. Without court approval, even written agreements may not be legally binding.
If you’re unsure how to draft a custody agreement, Martine Law’s family law attorneys can help you prepare one that reflects your child’s needs and complies with state law.
What Happens if You Don’t Establish Custody?
If you’re an unmarried parent and you don’t legally establish custody, you could face challenges like:
- Being denied time with your child if the other parent objects
- Losing your say in decisions about education or healthcare
- Difficulty traveling with your child or enrolling them in school
- Potential custody disputes if one parent relocates or refuses visitation
For mothers, failing to establish custody can leave uncertainty about child support or shared decision-making. For fathers, not establishing paternity can mean having no legal rights at all, even if you’ve been an active parent.
Having an official custody order ensures your parental rights are protected.
How to File for Child Custody in North Carolina
To establish child custody in North Carolina, you must file a custody complaint in the county where the child resides. The process typically involves:
- Filing the Custody Complaint with the clerk of court.
- Serving the Other Parent with notice of the action.
- Attending Mediation (required in most counties) to try reaching an agreement.
- Court Hearing: If you can’t agree, the judge will make a custody determination.
You can find the relevant custody forms and procedural details on the North Carolina Judicial Branch website.
This process can feel stressful and legally complex. Having a local North Carolina family law attorney from Martine Law ensures your case is handled correctly and your rights are protected from the start.
What Should You Do If the Other Parent Refuses to Cooperate?
Sometimes, one parent refuses to acknowledge paternity or cooperate with custody arrangements. In that case, you can request the court to step in.
The judge can:
- Order DNA testing
- Establish temporary custody while the case is pending
- Set up child support if paternity is confirmed
You don’t have to handle these challenges on your own. A skilled attorney can guide you through every legal step and help enforce your parental rights.
Key Takeaways
- Unmarried parents must establish paternity before custody rights can be granted.
- Legal and physical custody are separate but equally important.
- Court-approved agreements protect both parents and the child.
- Not having a court order can put your parental rights at risk.
- Working with a local family law attorney ensures compliance with North Carolina law.
Understanding your rights as an unmarried parent helps you protect your child’s stability and your role in their life. If you’re unsure where to begin, our Martine Law team is here to guide you through each step.
We offer compassionate and experienced legal support for families across North Carolina. Call us today at +1 (704) 842-3411 or visit our contact page to speak with an attorney.