Matt Arnold, a family law attorney, answers the question, “How does North Carolina determine child support?”
Mother’s Custody
Under North Carolina custody laws, the single mother has primary or natural custody of a child born if she is unmarried and the father is not on the birth certificate. This means that the mother has legal custody, control and care of the child. The mother’s rights in these circumstances are greater than those of the father or any other person. These rights are subject to change under North Carolina child custody laws if the mother is found to be unfit or abandoned the child.
An unmarried father who does not appear on the birth certificate does not receive primary physical custody of a mother who is a good mother (without a court order), but may have rights relating to custody or custody justify the handling. Under North Carolina custody laws, unmarried parents seeking custody of a minor must take legal action. When determining paternity, the father’s name can be entered on the birth certificate and you will thus be informed of custody. The father’s name on the child’s birth certificate gives him automatic recognition as the legal father and the same standing in court as the mother. A parent’s custody rights depend on their suitability as determined by the family court.
What if they are not married and live together?
If you are not married and live with your child’s other parent, custody of your child and other legal considerations may be different than if you are separated. For example, you may want to establish paternity and obtain a custody order to protect yourself in the event of a separation. You may also want to enter into a custody and/or maintenance agreement to ensure your child receives the best care in all circumstances. There may even be tax or financial reasons for obtaining a custody order. Cohabiting couples may not realize that custody issues could affect them.
If you are not married and have a child, finding custody of the children could be an important part of your role as a parent. Spending time with your child is very important. Fortunately, North Carolina custody laws allow single parents to apply for custody and visitation. Contact a local family law attorney for more information.
How Single Parents Determine Paternity
As a single mother, are you dealing with an inactive father or a father who is denied his child?
In order to assert your rights as a parent, you must be legally recognized as the legal father of the child. This means that paternity must be established as soon as possible.
Rights of single mothers
In North Carolina, single mothers naturally receive primary custody of their child after childbirth. However, this only applies if the father is not named in the birth certificate or if there is no right to custody. As a single parent, the mother bears full responsibility for all decisions regarding the child. Both parents have to decide whether the father is on the birth certificate or whether he is filing an application for custody.
The rights of a single parent are first determined by whether or not they are named on the birth certificate. If the father’s name is not on the birth certificate, there is no reason for custody. In order to gain custody, the father must establish a relationship with the child. This can be done through a first determination of paternity. Once the results prove that the father is biologically related to the child, they can ask the court to put their name on the birth certificate. Once the father’s name is put on the birth certificate, he automatically becomes the legal father and has equal standing in court in relation to custody. The court determines custody based on the best interests of the child.