Yes in North Carolina a father has just as much right as the mother to file for full child custody. If the child’s father can provide basic care for the child, and provide a healthy environment for the child to grow up in, he can file for full child custody. He can even get the full custody given that either the mother mutually agrees with the decision or she is proven to be a negative influence on the child and incapable to provide to the child’s needs. Courts look to several factors in determining child custody, including the financial ability of the parent, their ability to house and care for the minor child, their support system in the area, such as their family, and also whether the best interest of the child is to be with that parent. Here at Culbertson & Associates, located in Greensboro and Asheboro, North Carolina, we can assist you with filing for full custody of your minor child as a father.
What are the Different Types of Custody?
There are two types of custody: joint custody and full custody. Within those types of custody, there are legal custody and physical custody. Legal custody deals with decisions regarding the minor child’s well-being, while physical custody deals with who the minor child primarily lives with. For example, joint physical and legal custody allows each parent to have an equal say in making decisions for the minor children. These decisions could be:
- Where the minor child goes to school
- Where the minor child goes to the doctor
- Making major medical decisions regarding the child
Specifically, North Carolina General Statute 50-13.2(b) states that an order for custody of a minor child may grant joint custody or exclusive custody to the parents of the minor child. “Exclusive custody” can also be seen as “full custody,” meaning that a parent with full legal and physical custody has the exclusive right to make decisions that benefit the minor child.
How Can A Father Get Full Custody of a Minor Child?
In order to file for custody, you must file a complaint for custody. You do not have to have been married and then divorced in order to file for custody. You can file for custody of your minor child regardless of marriage to your former partner. Courts typically prefer that both parents share joint custody of their minor children in order to better promote a healthy co-parenting atmosphere. However, if joint custody is not in the best interest of the minor children, courts will look to several factors to determine who should be awarded full custody of the minor children. Factors that directly affect a father’s right to be awarded full custody of the minor children could include:
- Paternity
- The father’s relationship with the child/children
- The child’s relationship with his/her mother
- The father’s financial situation and ability to provide for the child
- The father’s current living situation
- What is in the best interest of the child
Imagine yourself as a father, undergoing a difficult custody battle. You have heard from friends that mothers typically get full custody of minor children in these sorts of situations, however, you are hopeful. You have doubts that your former partner can provide the standard of living your minor child is used to, and you wanted to file for full custody. Using the factors above, it is possible to be awarded full custody of your minor child, no matter if you are a father. Here at Culbertson & Associates, experienced Greensboro family lawyers located in Greensboro and Asheboro, North Carolina, we can aid you, as a father, in your custody battle.
OUR LEGAL PRACTICE AREAS
North Carolina family law in Greensboro and High Point. Divorce, child custody, child support, alimony, equitable distribution, and 50B/50C matters in Guilford County District Court.
Parenting plans that set legal custody and time with exchanges, holidays, travel, and school choice. Mediation first in Guilford County, with relocation handled under UCCJEA when needed.
One-year separation, filings, temporary terms, mediation, and trial when needed. Preserve alimony and equitable distribution claims before absolute divorce.
North Carolina Child Support Guidelines with Worksheets A, B, or C. Accurate income, child care and insurance credits, wage withholding, arrears tracking.
Classification, valuation, and distribution of marital, separate, and divisible property. Homes, retirement and QDROs, stock awards, and small businesses.
Filing, evidence, ex parte relief, and one-year orders. Terms for safety, temporary custody, and firearms surrender when the statute applies.
Separation Agreement and Property Settlement drafted by a Greensboro separation agreement lawyer under North Carolina General Statutes 52-10 and 52-10.1
Acknowledgment of Paternity, DNA testing with chain of custody, court orders, and birth certificate updates. Custody and support in one path.
Notice of Appeal in 30 days, Rule 59 and Rule 60 options, stays and supersedeas, transcripts and a clean record for the North Carolina Court of Appeals.
Register, enforce, or modify out-of-state support and custody orders. Home state, continuing exclusive jurisdiction, emergency jurisdiction, and clean registration packets in Guilford County District Court.
PCS moves, deployments, LES and BAH proof, DFAS direct pay, SBP and QDRO language. Parenting plans that work around service and SCRA timing.
Substantial change for custody or support, 36-month guideline reviews, wage withholding audits, and show cause for willful violations with workable purge terms.
Post-separation support and alimony based on need and ability to pay, with factor findings, duration, and clear payment terms under North Carolina law.
Consents, home study where required, ICPC when needed, name change, and final decree. Streamlined steps for stepparent cases in Greensboro.
Complex income, private business valuation, stock options and RSUs, tracing separate assets, and tax-aware orders for support and property division.
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