Greetings. Technically, neither of you have custody (or you both have custody) depending on how you look at it. Without an order or agreement, you both have equal rights to the child if you are in NC. I have no idea about Georgia law. You cannot file in NC since the child has not lived in NC for the past six months, unless you already have a lawsuit here. I hope that helps. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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 but a full discussion with an attorney should be undertaken before taking any action.
I have my 9 year old son with me. I am in a great dilemma @ this point. Myself, his mother, and he are from NC. I now reside in GA. He has been in my physical custody for 9 months. His mother is in an active case with DFCS. First, I need to know who has “legal” custody at this point. He is with me because DFCS told me that they “think” the law in NC is automatically joint custody between unwed parents unless their is a court order stating otherwise in which we do not have. So currently DFCS has legal custody of her other son since his father would not step up; but grandmother has physical custody. My son is not in the case and there was no order from the judge. I want to sue for custody but no attorney in NC will talk to me over the phone. I have been told everything from I have no rights to my child, you may file in GA, you have to file in NC, you can file wherever the child has resided for the last 6 months. I cant afford an expensive attorney so I want to attempt this on my on. She has agreed to joint custody but she wants the child to reside with her. She is currently still on drugs and this case has been going on for 6 to 8 months. What in the world do I need to do??? Oh yeah, I tried the Legal Aid in Georgia. They really didn’t want any part of this either. They sent me a packet of about 20 forms and told me the forms may or may not help me, good luck. That hurt.