Legal Question in Family Law in North Carolina

My daughter is a single parent. The baby's biological father is married to someone,but is not currently living with his spouse. He is also a US Marine. My question is, as a single parent does she have sole custody of her daughter under NC law..


Asked on 7/26/10, 10:16 am

1 Answer from Attorneys

If your daughter is an adult, then I cannot speak to you about her legal issues for ethical reasons.

In North Carolina, generally both parents have the right to care, custody and control of the child absent a custody order. If your daughter wants sole legal custody (unless there is something seriously wrong with the father) she is not likely to get it. In most cases, legal custody is joint. It refers to access to school records, medical records, what religion the child will be raised in, whether the child will go to public or private school and like matters.

The question of primary physical custody is different. It relates to who feeds, clothes and cares for the child on a daily basis. Usually, but not always, this is the mother with the father getting visitation.

If the father is not making an issue about this and is not likely to abduct the child, then I am not sure why the mother cares. However, if the mother is concerned, then she needs to see a family law attorney in her area who can assist her in obtaining a custody order and requiring the marine father to pay child support and provide health care for the child. If the father wants visitation, he will have to ask for it.

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Answered on 7/30/10, 2:52 pm


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