08 September

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How Can a Parent Request Sole Legal Custody When the Other Parent Is Unstable or Absent?

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In North Carolina, a parent can seek sole legal custody by filing a custody case (or a motion to modify an existing order) and proving that exclusive decision-making is in the child’s best interests, especially where the other parent is unstable (e.g., violence, substance use, untreated mental illness) or absent. Courts apply the best-interest standard and may issue temporary or emergency orders when required; jurisdiction follows the UCCJEA if parents live in different states. What “sole legal custody” means in NC (and how it differs from physical custody) Legal custody is the right to make major decisions about education, non-routine medical care,...

24 August

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How to Modify a Child Support Order in North Carolina

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If your child support order no longer fits real life, North Carolina law gives you a way to ask the court to change it. This page walks you through when a change is possible, what the court looks for, the forms you need, and how the hearing works. Quick answer: You can ask to modify child support any time there is a substantial change in circumstances, or after three years if the guideline amount would differ by 15 percent or more. When can a North Carolina court modify child support? North Carolina courts can change a child support order “at any time” if...

19 August

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When Does Child Support End in North Carolina?

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In North Carolina, child support ends at 18. If the child is still in high school at 18, it can run until the earliest of graduation, stopping regular attendance, lack of satisfactory academic progress, or the child’s 20th birthday. A different timeline can apply to students in a cooperative innovative high school. Age of majority in North Carolina North Carolina’s age of majority is 18. When a valid court order requires child support, § 50-13.4(c) sets the end date and lists the exceptions. Common end dates with quick examples Ends at 18 Support ends on the child’s 18th birthday if the child is not in...

28 January

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Does the Biological Father Have Rights if He is Not on the Birth Certificate

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Does The Biological Father Have Rights If He Is Not On The Birth Certificate

A biological father does not have legal rights to a child if he is not listed on the birth certificate. However, if the father has established paternity through a legal process, such as by signing an acknowledgement of paternity or through a court order, he will have legal rights to the child. In order for a father to have legal rights, he must establish paternity. Resources: How to Establish Paternity in North Carolina Acknowledgement of Paternity North Carolina Father's Rights Establishing Paternity in North Carolina In North Carolina, paternity can be established before the child turns 18 years of age. There are several...

26 January

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10 Reasons for Sole Legal Custody

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When parents divorce or separate, one of the most important decisions that must be made is how to handle the legal custody of their child. In North Carolina, a parent may be awarded sole legal custody if the court determines that it is in the best interest of the child. This means that one parent will have the final say in important decisions about the child's life, such as education, healthcare, and religion. In this article, we will explore: What is Sole Legal Custody Benefits of Sole Legal Custody Factors the Court may Consider to Determine Sole Legal Custody Whether you are...

30 December

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Can You Get Custody of a Child That’s Not Yours

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Can You Get Custody of a Child That's Not Yours

Under North Carolina law, a person who is not a biological parent of a child may be able to obtain custody of that child, but it is not a straightforward process. There are several different ways that a non-biological parent can seek custody of a child in North Carolina, and the specifics of each case will depend on the specific circumstances of the situation. The first thing to consider is whether the child's biological parents are willing to allow the non-biological parent to have custody. If the biological parents are willing to sign over custody to the non-biological parent, this can...

30 December

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Can a Father Sign Over His Rights Without the Mother’s Permission?

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Can A Father Sign Over His Rights Without The Mother’s Permission

A father can sign over his parental rights, also known as relinquishing his paternity, but he cannot do so without the mother's consent. Under North Carolina law, both parents have equal rights and responsibilities when it comes to the care and upbringing of their child. This means that both parents must be involved in any decisions related to the child, including decisions related to the father's parental rights. In order to sign over his rights, a father must go through the proper legal process. This process typically involves filing a petition with the court and obtaining a court order terminating his...

29 December

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Do You Have to Pay Child Support If Your Are Not on the Birth Certificate?

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Do You Have to Pay Child Support If Your Are Not on the Birth Certificate

Child support is a legal obligation for parents to provide financial support for their children. In North Carolina, both biological and adoptive parents are responsible for paying child support to help cover the costs of a child's basic needs, such as food, clothing, and housing. However, if you are not named on a child's birth certificate, you may be wondering if you are still required to pay child support. This article will provide a detailed overview of the legal issues surrounding child support in North Carolina, including the rights and obligations of parents who are not named on a child's birth...

29 December

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How Long Does a Father Have to be Absent to Lose His Rights?

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How Long Does a Father Have to be Absent to Lose His Rights?

The question of how long a father must be absent in order to lose his rights is a complex one, as it depends on a variety of factors and can vary from state to state. In this article, we will explore the specific legal requirements for terminating a father's parental rights due to abandonment in North Carolina, as well as other factors that may be considered by the court in determining whether to grant a petition for termination. North Carolina Law for Parental Rights Termination Under North Carolina law, a parent's rights can be terminated through a court process called termination of parental...

12 October

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Can Unmarried Father Get Custody?

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An unmarried father can get custody of his child if he meets certain legal requirements and can prove that he is the child's biological father. In order to get custody, the father must first file a paternity action with the court. Once paternity is established, the father can then file a motion for custody. The court will consider several factors when determining whether or not to grant custody to an unmarried father, including the child's relationship with the father, the child's best interests, and the father's ability to care for the child. If you are an unmarried father seeking custody of your...