Unmarried parents no custody agreement


He probably wont get full custody of him, not unless he proves you to be unfit which is hard to do, but yes he will at least get visitation rights cause he is the father and paying support. Alot of fathers still get visitation even without the support but he is paying. The best thing to do since now he has contacted you is to hire a attorney and have the courts set up the visitation rules.


Dear toishaver:

Greetings. My suggestion is that you both agree in writing to what building a relationship with your son means. Then, yes, you shoudl get a binding agreement in writing on how that visitation will commence. Good luck.

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.


My son has been in my care since birth. Both myself and his father were both in the military here in NC. When my son was 2 (he is now 6), his father left the state and married a woman who already had two kids of her own. During the past 5yrs, he (the absent parent) had not tried to contact my son at all. He does pay child support through the state of NC, on time. Then, yesterday, I received a phone call from him. I didnt give him my number, he is still in the military and my son is under his insurance so the insurance company gave him my home phone! Anyway, he called saying that he feels this void (now that he has more kids and has gotten back from Iraq) and wants to try to mend his relationship with our son. HELP! I dont want to make a decision that can hurt me in the long run.
We have no custody agreement of any kind and never have. Does this mean if he takes him, I will have to fight him to get him back? What would be my best course of action? How much is going to break me to protect myself from losing my son?