[[{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question","text":"When unmarried parents have a child, if the child's birth certificate does not initially list the father's name, the child's birth mother has sole custody of the child until the father acknowledges his paternity or the court establishes paternity. A mother may seek to establish a man's paternity over her child through court action, or a presumptive father can file a petition for custody and visitation if the mother rejects the man's paternity and refuses visitation.","@id":"https:\/\/www.jdwarlick.com\/blog\/custody-laws-for-unmarried-couples-in-nc\/#Answer"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question1","text":"In North Carolina, child custody falls into two categories: legal and physical custody.  Legal custody refers to a parent's right to make decisions regarding their child's upbringing, including medical care, education, and moral or religious instruction. Physical custody refers to a parent's right to have the child in their physical care.  Courts also decide between sole and joint custody.  Sole custody means that only one parent has physical or legal custody of a child. Joint custody means parents share physical and legal custody of their child.  However, even in a joint physical custody arrangement, the court may give one parent primary custody. This is typically the parent where the child stays most nights. This designation also affects decisions, such as where the child will enroll in public school or which parent may claim the child as a dependent for tax purposes.  In a joint legal custody arrangement, the parent of primary residence may have the right to make emergency decisions for the child or have the final say on child upbringing decisions if the parents cannot agree after good-faith discussions.","@id":"https:\/\/www.jdwarlick.com\/blog\/custody-laws-for-unmarried-couples-in-nc\/#Answer1"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question2","text":"Courts prefer to establish a joint custody arrangement. Courts recognize that children thrive when they have both parents thoroughly involved. Courts may also prefer parenting time schedules that split overnight custody between parents roughly equally, although significant distances between parents' homes may make equal parenting time schedules unworkable. When parents live too far apart for an equal parenting time arrangement, courts may grant the non-primary custodial parent parenting time lasting several weeks or months during school breaks.","@id":"https:\/\/www.jdwarlick.com\/blog\/custody-laws-for-unmarried-couples-in-nc\/#Answer2"},{"@context":"http:\/\/schema.org","@type":"Answer","text":"Fathers may assume that courts grant mothers primary physical custody of children by default. However, North Carolina child custody law requires courts to take a gender-neutral approach, prohibiting any consideration of a parent's or child's gender when deciding on a custody arrangement. Instead, courts must consider factors such as each parent's fitness to parent, their respective physical and mental health, the child's medical needs, and the nature and quality of each parent's relationship with the child.","name":"Answer Question3","@id":"https:\/\/www.jdwarlick.com\/blog\/custody-laws-for-unmarried-couples-in-nc\/#Answer3"},{"@context":"http:\/\/schema.org","@type":"Answer","text":"Although unmarried parents do not have to hire family law attorneys to file for a custody determination, they can best protect their child's interest and their parental rights by hiring a lawyer. A lawyer can help an unmarried parent understand their rights and options, work with their child's other parent or their counsel to negotiate a workable custody arrangement, and advocate on behalf of the parent if the court must resolve the custody dispute.","name":"Answer Question4","@id":"https:\/\/www.jdwarlick.com\/blog\/custody-laws-for-unmarried-couples-in-nc\/#Answer4"},{"@context":"http:\/\/schema.org","@type":"Answer","text":"North Carolina law recognizes that every parent must financially support their children. Once an unmarried mother establishes paternity for her child, she can file a petition with the court to request child support payments from the child's father.  Alternatively, a mother can file a child support petition against a presumptive father. During those child support proceedings, the court will likely order the presumptive father to submit to DNA testing to confirm his paternity. Although unmarried parents who continue to live together after their child's birth may not need a child support order, parents can still seek custody and support orders to protect themselves if their relationship ends.","name":"Answer Question5","@id":"https:\/\/www.jdwarlick.com\/blog\/custody-laws-for-unmarried-couples-in-nc\/#Answer5"},{"@context":"http:\/\/schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"Does the Birth Mother Have Custody Rights of the Child Until Paternity Has Been Established?","acceptedAnswer":{"@id":"https:\/\/www.jdwarlick.com\/blog\/custody-laws-for-unmarried-couples-in-nc\/#Answer"},"@id":"https:\/\/www.jdwarlick.com\/blog\/custody-laws-for-unmarried-couples-in-nc\/#Question"},{"@type":"Question","name":"What Are the Different Types of Child Custody in North Carolina?","acceptedAnswer":{"@id":"https:\/\/www.jdwarlick.com\/blog\/custody-laws-for-unmarried-couples-in-nc\/#Answer1"},"@id":"https:\/\/www.jdwarlick.com\/blog\/custody-laws-for-unmarried-couples-in-nc\/#Question1"},{"@type":"Question","name":"What Is the Most Common Custody Arrangement?","acceptedAnswer":{"@id":"https:\/\/www.jdwarlick.com\/blog\/custody-laws-for-unmarried-couples-in-nc\/#Answer2"},"@id":"https:\/\/www.jdwarlick.com\/blog\/custody-laws-for-unmarried-couples-in-nc\/#Question2"},{"@type":"Question","name":"Does the Mother Always Get Primary Custody of the Child?","acceptedAnswer":{"@id":"https:\/\/www.jdwarlick.com\/blog\/custody-laws-for-unmarried-couples-in-nc\/#Answer3"},"@id":"https:\/\/www.jdwarlick.com\/blog\/custody-laws-for-unmarried-couples-in-nc\/#Question3"},{"@type":"Question","name":"Do I Need a Lawyer to File for Custody?","acceptedAnswer":{"@id":"https:\/\/www.jdwarlick.com\/blog\/custody-laws-for-unmarried-couples-in-nc\/#Answer4"},"@id":"https:\/\/www.jdwarlick.com\/blog\/custody-laws-for-unmarried-couples-in-nc\/#Question4"},{"@type":"Question","name":"Can an Unmarried Parent Request Child Support from the Other Parent?","acceptedAnswer":{"@id":"https:\/\/www.jdwarlick.com\/blog\/custody-laws-for-unmarried-couples-in-nc\/#Answer5"},"@id":"https:\/\/www.jdwarlick.com\/blog\/custody-laws-for-unmarried-couples-in-nc\/#Question5"}],"name":"North Carolina Custody Laws for Unmarried Parents","@id":"https:\/\/www.jdwarlick.com\/blog\/custody-laws-for-unmarried-couples-in-nc\/#FAQPage"}],{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.jdwarlick.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"North Carolina Custody Laws for Unmarried Parents","item":"https:\/\/www.jdwarlick.com\/blog\/custody-laws-for-unmarried-couples-in-nc\/#breadcrumbitem"}]}]