Child support/ Custody

We were never married and have a 5month old, now separated. Would like to know my rights and length of process to get custody and support. New to state.

If the child has resided in the State of NC since birth (or for the last 6 months if older than 6 months old), then you can file a custody and child support court complaint against the other parent in NC in the county in which you reside.

Once you file a custody claim, there is mandatory custody mediation unless an exception applies.

Soon after filing a child support claim, you and the other party will need to exchange financial/income documentation (paycheck stubs, tax returns, W-2s, 1099s, K-1s, health insurance cost information, childcare costs, etc.).

The length of time to get a custody and child support order depends on whether you and the other parent can agree or not and how backed up or not the court calendar is.

For more information on child custody, check out our article Child Custody Laws - The Basics (

To see what child support might look like in your situation, use our Child Support Calculator.

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

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.