Child custody for parents who have never had a court agreement

So me and my child’s father have never went to court and established any custody in the nine years of our sons life. From the time he was young up until he started school, we were doing two weeks on and two week off due to me living out of state. Once he started school, we chose to have our child stay at his house for school and we alternated weekends. I was under the understanding that in custody, school days did not count. So one question would be is that true? Another question I would have is now that I have moved and live 10 mins from them for the past three years, could there be a chance to go back to alternating weeks so our child doesn’t feel like he is missing time with either parent and siblings on both sides?

It is not true that school days do not count towards custody in NC. School days are just as equal as non-school days. And custody days are counted as overnights.

Yes, you can file a lawsuit against the father for custody if he refuses to agree on a new schedule with you.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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