Under the North Carolina custody laws for unmarried parents, a single mother will typically have full physical and legal custody over their children. If the child’s mother was unmarried when the child was born, they will be considered the custodial parent and will get all of the legal rights associated with being a custodial parent.
Specifically, this will apply to situations where a child’s father is not named on the birth certificate and the child’s father did not try to claim any rights over the child when it was born. If the child’s father did not establish their paternity, the child’s mother will have sole claim to the child.
Custody issues usually only arise when biological fathers petition courts for rights over their children, such as custody or other rights. These types of issues can come up whether or not the child’s mother ever married the child’s biological father.
Anytime a court hears a case involving a child, it will make its decision based on the child’s best interests standard. In a situation where the mother thinks the child’s father is not fit to care for them or giving the father rights would not be in the child’s best interests, the child’s mother can request sole physical and legal custody rights.
To find out more about single mother custody rights in North Carolina, it is important to schedule a legal consultation with a local North Carolina lawyer.
Are There Different Types of Child Custody?
There are different categories of child custody that parents can be awarded. A court will try to award a custody arrangement that it deems is in the best interests of the child involved.
The types of custody arrangements that courts can order or that the child’s parents may agree to include:
- Sole custody: In this custody arrangement, one parent is given most of the rights over a child, and the other parent receives visitation rights.
- This is not commonly where two parents are involved.
- If this custody arrangement is necessary, the court will often award the other parent generous visitation rights.
- This type of custody is often used in cases involving single parents.
- Legal custody: This custody arrangement gives one parent the right to make decisions about the upbringing of the child, such as their health care, school, and religion.
- Joint custody: With this arrangement, both parents share in the responsibilities for the child.
- This may also include joint legal custody, joint physical custody, or both.
- Physical custody: In this arrangement, the child will live in one parent’s home who will provide them with daily care, such as clothing, meals, and daily transportation.
- In some jurisdictions, joining physical custody is permitted.
- With this, the child will reside with both of their parents for equal amounts of time.
Who Determines Child Custody?
In most cases, child custody is determined by a family court handling the case. The parents of a child are allowed to make their own custody agreements, which can give them the flexibility they need with their schedules.
A custody agreement between parents will outline the guidelines of the custody arrangement for both parents. Custody orders and agreements are often issues in legal separation and divorce cases involving children.
A custody agreement may include instructions about which of the parents will have primary physical custody, legal custody, and the visitation schedule. Parents are permitted to reach an agreement on their own outside of the courtroom. Their agreement has to be approved by the court.
When parents come to their own custody agreement, it can take away some of the stress that is associated with child custody issues. A court is likely to approve an agreement that a divorcing couple is able to reach on their own.
Another way parents can avoid having to appear in court is to attend family mediation. Family mediation is a type of alternative dispute resolution (ADR) that uses a neutral third party to help the parents reach their own agreement.
Can a Father Take a Child Away From the Mother?
In most cases, a biological father will not be able to simply take a child away from its mother because it may be deemed a parental kidnapping. A court will make child custody decisions in North Carolina following the child’s best interests standard.
When a child’s mother is clearly unfit, a court will not likely take their sole custody away and award it to the child’s father. Instead of immediately removing the child, there are formal legal proceedings that will be followed, including a hearing and a court order.
Children will only be immediately removed from the custody of their mother if they are in some type of danger. A court may give custody to the child’s father if their mother passes away, is deemed to be a danger to their child, or if they no longer want parental rights.
It is important to note that this situation can happen to mothers and fathers. The court handling these types of cases will consider the age of the child in addition to their medical, physical, and emotional needs. In addition, the court will review the lifestyles, employment, and financial and emotional states of both of the child’s parents.
Can I Move With My Child Without the Father’s Permission?
When a parent is considering a move, whether they are going to a different state or across town, they should notify the court and petition to modify their custody agreement. The parent who is moving may have to demonstrate that the move will be in the child’s best interests, for example, for better employment for the parent, which will allow them to better provide for the child.
In general, a parent cannot usually move out of the state without permission from a court. Interstate child custody issues are often complex because of the possible severe consequences for a parent when the laws are not followed.
If a parent moves with their child without obtaining permission from a court, they can lose custody and even face jail time. If, however, the mother was not married to the father of the child and there is no court order about custody, the mother is free to move anytime and anywhere she wishes.
Do I Need a Lawyer for Help With Child Custody Matters if I Am a Single Mother?
If you are a single mother who is raising a child who has any type of custody issue or concern, it is important to get help from a North Carolina child custody attorney. Issues involving your child are often some of the most stressful and emotional issues you may ever face.
Your custody lawyer will help you gain an understanding of the custody laws in North Carolina that may apply to your case, file any necessary documents, and represent you anytime you appear in court, negotiations, or mediation. In addition, your custody attorney will make sure that your rights as a parent are protected throughout the case.
LegalMatch provides a no cost lawyers matching service to licensed and pre-screened custody lawyers in your area who can help resolve your custody issue. It is easy to submit your question on the website and find a lawyer who can help you obtain the outcome you desire for you and your child.
