OneFootOut Posted January 20, 2015 Posted January 20, 2015 Say a couple has kids together and is staying together. Can one parent get full legal custody of the children while in the relationship? Does there need to be a divorce or split for custody?
CarrieT Posted January 20, 2015 Posted January 20, 2015 To answer your question, yes. A very good friend of mine had a child with someone. They did not get married and now both parents are fighting for custody while there was no divorce - just a break-up.
Author OneFootOut Posted January 20, 2015 Author Posted January 20, 2015 To answer your question, yes. A very good friend of mine had a child with someone. They did not get married and now both parents are fighting for custody while there was no divorce - just a break-up. But what if there is no break up? Can one get legal custody while remaining in the relationship? Surely it doesn't have to come down to a battle during a break up.
CarrieT Posted January 20, 2015 Posted January 20, 2015 But what if there is no break up? Can one get legal custody while remaining in the relationship? Surely it doesn't have to come down to a battle during a break up. I'm not sure I understand what you are asking. If there is no break-up, why wouldn't both parents have joint custody? If you want legal verifications, you will need to see a lawyer.
Miss Starlight Posted January 20, 2015 Posted January 20, 2015 In North Carolina, the mother automatically has physical and legal custody of a child if the couple are unmarried and the father has not legally established paternity, this is true even if the couple are in a relationship as North Carolina does not recognise common law marriage. Paternity can only be established by marriage, the voluntary signing of a Affidavit of Parentage or by filing a paternity action with the court. Once paternity has been established, both parents have the same legal rights unless a court decides differently. Although the mother initially has "default" custody when a couple are not married, the father can go to court at anytime to establish his paternity (the court will order a mandatory paternity test). With regard to your question, neither parent can obtain full custody unless court ordered or mutually agreed upon by both parents and certainly not without the other parent knowing or having legal recourse to fight it. I strongly suggest you contact a lawyer though.
Miss Starlight Posted January 20, 2015 Posted January 20, 2015 In North Carolina, the mother automatically has physical and legal custody of a child if the couple are unmarried and the father has not legally established paternity, this is true even if the couple are in a relationship as North Carolina does not recognise common law marriage. Paternity can only be established by marriage, the voluntary signing of a Affidavit of Parentage or by filing a paternity action with the court. Once paternity has been established, both parents have the same legal rights unless a court decides differently. Although the mother initially has "default" custody when a couple are not married, the father can go to court at anytime to establish his paternity (the court will order a mandatory paternity test). With regard to your question, neither parent can obtain full custody unless court ordered or mutually agreed upon by both parents and certainly not without the other parent knowing or having legal recourse to fight it. I strongly suggest you contact a lawyer though.
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