Fathers are central to any child’s life. Unfortunately, many men feel as if the legal system does not take their contributions seriously. They believe judges unfairly favor mothers in custody decisions, often depriving fathers of meaningful contact with their children.
Call Remington & Dixon to speak with an experienced family law attorney. If you are getting divorced or trying to establish paternity, you need a powerful legal advocate in your corner. Our firm believes fathers are essential, and we can use our experience to advocate for fathers’ rights in NC. A Charlotte, NC family law attorney is happy to meet for a consultation.
NC Custody Laws for Fathers
North Carolina once had something called the “Tender Years Doctrine.” It was a presumption that young children were better off with their mother than their father. The law would presume that children under age 4 should be with their mother unless there were good reasons to the contrary.
North Carolina abolished the Tender Years Doctrine in the 1970s. Instead, judges consider all relevant factors to determine a custody arrangement that best promotes the child’s interest and welfare. Some considerations include the child’s safety, as well as any domestic violence. (North Carolina General Statutes § 50-13.2.)
Courts usually consider each parent’s relationship with the child to that point, as well as their capacity to provide for the child going forward.
Do Fathers Have a Right to 50/50 Custody?
Not necessarily. North Carolina law requires a judge to award custody to the person who will best promote the child’s welfare. The court will consider joint custody if one parent requests it.
In our experience, both parents will receive substantial time with their children after divorce, unless there has been a history of abuse or neglect or other concerns that have had a negative impact on the children. Child custody is rarely all or nothing. Instead, one parent may be the primary custodial parent, and the other may receive visitation; or the court can award a joint custodial schedule if they believe that is best for the children
Sometimes, a judge might think a mother deserves primary custody based on the relationship with the children. After all, many mothers do stay home with young children and are more attuned to the child’s needs. A judge who gives a mother custody in this situation isn’t necessarily “biased” against a father. Instead, the judge might reasonably believe the mother is better situated to care for the child because she has provided most of the care to that point.
Contact a father’s rights lawyer if you have questions or are facing a custody battle.
When Are Fathers Denied Custody
The internet is full of stories of men who never see their children after a judge awards sole custody to a mother. In these scenarios, the court hammers the father with a punitive child support order as well.
In our experience, courts do not lightly cut a father off from seeing his children unless the judge determines he is an unfit parent. If a father requests joint custody, the courts will seriously consider it. At a minimum, a father should spend significant time with his children, depending on the situation.
Establishing Paternity
Sometimes a man may have more work to establish their parental status than a mother, who gives birth to a child and is therefore the biological parent. The law on establishing paternity depends on a man’s marital status.
When a man is married to the mother at birth, he is the legal father with full parental rights. He does not need to take any other step to establish paternity.
If a man is unmarried to the mother, then he does need to take additional steps. This could be an easy process or difficult, depending on the mother’s perspective. A man can establish paternity by signing a Voluntary Acknowledgement of Paternity, typically at the hospital. Otherwise, a man might need to file a paternity action and take a DNA test.
Right to Custody or Visitation when Unmarried
Men lack legally enforceable, guaranteed visitation rights when they are not the legal father. If you want to see children, the mother might agree to let you see them. But she could then change her mind.
To gain parental rights, you need to establish paternity before you may seek custody. For some men, this will mean a paternity action filed in court.
Father’s Obligations to Pay Child Support
A man is obligated to support his biological children. Keep this in mind when filing a paternity action. If the court decides you are the father, then the court will quickly move to the next step: setting up a child support order.
Remember that paying child support does not guarantee access to your child. That is a separate issue. A court might award sole custody to the mother, but then still demand that you pay child support.
Contact Our Father’s Rights Lawyer for Help
Remington & Dixon, PLLC, is an established law firm that has represented many men in divorce, child custody, and paternity actions. We provide a sympathetic consultation if you wish to discuss any of these issues. Bias in the courts is impossible to stamp out, but we can use our knowledge of NC custody laws for fathers to benefit our clients. Contact us to schedule your initial consultation with a lawyer at our office. We provide legal services to those in the 28207 zip code, as well as the surrounding communities of Mecklenburg, Cabarrus, and Union County.
