Non marital custody


#1

If I’m not mistaken, your rights to custody are the same as the Mom’s. You’re not married, but you are the Dad. I believe it works the same way as if you were married and then separated. You’ll need a written schedule and custody arrangement if you can’t work something out between yourselves. You will owe child support too.


#2

Custody is determined based on the best interests of your child, it is not affected by your marital status. The court would look at the role each of you has played in your child’s life and come up with a custodial situation that best meets your child’s needs.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#3

Thank you for the reply.

What might the court arrive at as a custodial arrangement given a typical father works during the day and mother is at home with the child situation? Is time physically spent the the child likely to weight in more than providing an income for the home, clothes, food, heat, etc?


#4

If your child’s mother is a stay at home parent it is likely that she will have primary physical custody. There is no set schedule that the courts use, even if she has primary physical custody, that does not mean that you will not have a significant amount of time with your child.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#5

Hello,

My “spouse” and I are not married, but I am the father of our beautiful 15 month old daughter we have together. We have lived together ever since finding out about the pregnancy. I have 100% supported them both (providing income, medical benefits, etc…) for the 15 months, until just this past month where mom has gone back to work full time as a nurse. I still provide well over 2/3 the income.

I continue to try and reconcile our vast issues with counseling. We are accumulating a history of family counseling visits with multiple providers in town. However, I cannot force her to participate in this and she primarily chooses not to.

In the case there is no alternative but to split, I need to know what my custody situation looks like legally.

Can you give me a high level view of what I’m looking at?

Thank you,
EndOfRope