# Unwed mother and custody **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [September 15, 2008, 6:32am UTC](https://forum.rosen.com/t/unwed-mother-and-custody/6498 "2008-09-15T06:32:58Z")\ **Posts on this page:** 3\ **Page:** 1
**Author:** ![stepmother](https://avatars.discourse-cdn.com/v4/letter/s/90ced4/32.png) [@stepmother](https://forum.rosen.com/u/stepmother)\ **Post date:** [September 15, 2008, 6:32am UTC](https://forum.rosen.com/t/unwed-mother-and-custody/6498/1 "2008-09-15T06:32:58Z")
I do not believe it’s automatic that the mother gets primary custody. Especially, if the father has been active in the childrens’ lives and wants to retain custody. If either parent requests joint custody it’s possible and even more likely in some areas now that it will be granted. This will, I think, depend on the involvement of the parents, and the ages of the children. I do not believe that the courts would put an infant who is breastfeeding with the father, but he may still have joint custody which would mean that as the child got older, the time with the father would increase. Reading this Statute on custody, nothing is mentioned about marriage only that the parents: " ---
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [September 16, 2008, 5:24pm UTC](https://forum.rosen.com/t/unwed-mother-and-custody/6498/2 "2008-09-16T17:24:19Z")
No, the custody laws are the same as they would be if the parties had married. P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit [radio.rosen.com](http://radio.rosen.com) for details 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 Sutton Station 5826 Fayetteville Rd. Suite 205 Durham, NC 27713 Phone: (919) 321-0780 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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. ---
**Author:** ![boobaby406](https://avatars.discourse-cdn.com/v4/letter/b/ce7236/32.png) [@boobaby406](https://forum.rosen.com/u/boobaby406)\ **Post date:** [September 14, 2008, 6:27pm UTC](https://forum.rosen.com/t/unwed-mother-and-custody/6498/3 "2008-09-14T18:27:42Z")
In North Carolina, does an unwed mother automatically have custody of her children if she and the father have been living together but separate after a number of years?