Legal Question in Family Law in North Carolina

If there was never any custody order, then both parents have the right to custody and control of your daughter. However, to protect you, I would enter into a formal custody agreement with the mother. Although if she changes her mind, you do not have to give your daughter back and could file at that time for custody. There is no real advantage to filing first. The best interest of the child, the child's prefence and whoever has actual physical custody of the child may dictate the outcome.

There is a support order though and you will need to file a petition with the court to terminate your child support on the grounds that the child now lives with you. It would be better if you had a family law attorney in the county where the support order was entered unless you had the matter transferred to the county in which you reside. However, if the mother still lives in the county, the court might not want to transfer the action.