Child Support & Custody for 11 month old

My daughter is 11 months old, her father & I are not married. We live in my house, I recently have kicked him out. When I was pregnant we could not find child care that we could afford that would fit our schedules ( I started work at 3AM) her father wanted me to quit my job & be a stay at home mom while finishing my last year of college online. I agreed. However, he has not made any sacrifices for his personal wants so we have been suffering financially. My extended family who is very involved & supportive lives in another state not close to NC. Her father is my only support person here, but that’s when it’s convenient for him. I would like to get an idea of what would happen if I do go through the court system. Would he be responsible for paying more than the standard 25% since I’ve been completely dependent on him this last year? What would happen with custody? He is unfit to take care of her on his own for various reasons. I have a real fear of her safety if she spends overnights with him due to his negligence. He currently moved back in with his Dad who I’m not comfortable being around our daughter without me there, he also is a heavy smoker in his house. I have a small amount of savings for now but it won’t last long. Should I just continue to allow him visitations at my home or get the courts involved?

Thank you.

You may be entitled to child support. Child support in based on both parents’ monthly gross incomes and the number of overnights with each parent, among other factors.

Use our Child Support Calculator to determine what child support should look like in your case.

50/50 custody tends to be the norm in NC unless facts or circumstances warrant a parent to receive less than equal time. It certainly sounds like you have legitimate concerns about the safety and wellbeing of your child in the father’s care. These types of things are some of the facts and circumstances that could persuade a judge away from 50/50.

For more detailed information on custody, check out our article How Does Child Custody Work in North Carolina?

Also check out our article Child Custody: The Basics.

Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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