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.
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:
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.
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:
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.
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Krispen Culbertson is senior partner at Culbertson & Associates. He studied law at both Wake Forest University in the U.S. and at ..