Are you an unmarried parent? You are certainly not alone. American families are changing. The Pew Research Center reports that more than one-third of kids nationwide are born to unmarried parents. At Remington & Dixon, PLLC, we have the skills and experience to help unwed parents understand, enforce, and protect their parental rights. Here, our Charlotte child custody lawyer provides a comprehensive guide to custody and visitation for unmarried parents in North Carolina.
Unmarried Parent’s Rights: Paternity Must Be Established
Paternity is legal fatherhood. Without paternity, a man does not have rights (or responsibilities) as a father). In North Carolina, a married man is automatically granted paternity rights of his wife’s child. For unmarried parents, paternity is a little bit more complicated. That is not to say that establishing paternity as an unmarried couple is always challenging—it can be straightforward if there is no dispute. Here is an overview of how it is done in North Carolina:
- Affidavit of Parentage: Unmarried parents can voluntarily agree to establish paternity. An Affidavit of Parentage is sometimes also referred to as a voluntary acknowledgment of paternity. It is a voluntary method for unmarried parents in North Carolina to establish paternity. By signing this form, both the mother and father legally acknowledge the paternity of the child. The affidavit can be completed at the hospital at the time of the child’s birth or later. Once signed, it is filed with the North Carolina State Office of Vital Records. The form has the same legal effect as a court order once processed. It is legally binding.
- Paternity Action: What if there is a paternity dispute? The mother or the father may need to take legal action to establish paternity. A paternity action is a legal process initiated in a family court to determine or dispute a child’s paternity when parents are unmarried and paternity has not been acknowledged through an affidavit. Most often, the process involves a North Carolina court ordering DNA testing to establish biological paternity. A court can enter a legal order that establishes paternity.
An Overview of Custody Rights for Unmarried Parents in North Carolina
Once paternity is established, there is no significant difference between North Carolina’s custody laws for married and unmarried parents.
If you are an unmarried couple that is still together and is parenting cooperatively, no court needs to be involved in the process at all. You can jointly submit the Affidavit of Parentage and co-parent in the same way as any married couple. If you are unmarried parents who are separated, you may need to go through the same custody process as divorced parents. Here are key things to know about North Carolina law:
- Two Forms of Custody (Legal/Physical): In North Carolina, custody is categorized into two forms: legal and physical. Legal custody refers to the right to make significant decisions regarding the child’s welfare—from education to health care, and religious upbringing. Physical custody determines with whom the child will primarily live. Both types of custody can be awarded solely to one parent or jointly shared. Unmarried parents have equal standing to claim custody rights. Mothers are not automatically favored over fathers.
- Shared Custody is Favored: North Carolina courts often favor some degree of a shared custody arrangement. Indeed, state policy encourages both parents to engage actively in their child’s life. It is an approach that supports the notion that maintaining strong relationships with both parents serves the child’s best interests, provided there are no issues that would jeopardize the child’s welfare. Shared custody can be customized to fit various schedules and needs. With that being said, sole custody can be awarded to one unmarried parent when deemed in the best interests of the child.
- Best Interests of the Child: Under North Carolina law (G.S. 50-13.2), the best interests of the child standard is used to evaluate all custody and visitation cases. Indeed, the paramount consideration in North Carolina custody decisions is the child’s best interests. A wide array of different factors are considered, including the child’s health, the child’s emotional bond with each parent, the parent’s physical and mental health, and each parent’s ability to provide stability and meet the child’s needs. Beyond that, any history of domestic violence or substance abuse will be considered as well.
- Parenting Plans are Often Used: When parents separate—whether they are divorcing or they were never married—North Carolina courts will typically require them to reach a parenting plan. A parenting plan is effectively a document that covers details such as custody and visitation. It may address everything from living arrangements for the child to decisions about the child’s welfare to how future disputes between the parents will be resolved. Parenting plans are used to establish a structured agreement that outlines the responsibilities of each parent and serves as a guide to co-parenting. The goal is to limit conflict between parents who are separated.
Why Trust Remington & Dixon for Parental Rights for Unmarried Couples
Navigating a custody or visitation case can be challenging—especially so for unmarried parents. You do not have to take on the process alone. At Remington & Dixon, PLLC, our family lawyer Jennifer Dixon has the skills, knowledge, and experience to represent both unmarried mothers and unmarried fathers. We are prepared to answer your questions, review your case, and help you develop a plan of action to best protect your parental rights and your children.
Schedule a Confidential Consultation With a Top Charlotte Child Custody Lawyer
At Remington & Dixon, PLLC, our Charlotte child custody attorneys have the skills and experience to protect your rights. If you are an unmarried parent with any questions about custody or visitation, we can help. Give us a call now 704-247-7110 or contact us online to set up your confidential initial appointment with a lawyer. From our Charlotte office, we represent unmarried parents in custody and visitation cases in Mecklenburg County and throughout the surrounding region.
