At the David W. Martin Law Group, our Charlotte father’s rights lawyers know that when North Carolina parents of minor children get divorced, child custody and visitation agreements become the priority.

Our Mecklenburg County family lawyers also know that this can become the most highly contested factor during any divorce proceedings.

Although North Carolina state laws recognize that both mothers and fathers have equal rights and responsibilities when it comes to their children, those statutes can become easily blurred during custody disputes.

The rights of some fathers are often jeopardized during child custody or child support proceedings, simply because the court may still see mothers as the proper caregiver.

That is simply not fair.

So, what happens when the parents of minor children were never married? What are the dad’s rights to his child(ren)?

If you are a North Carolina dad, you deserve equal access to your children. We can help.

North Carolina Child Custody and Visitation Rights for Married Fathers

North Carolina laws grant fathers the same rights to their children as they grant to mothers unless those rights are given up voluntarily.

These rights include child custody and visitation, while contributing to their:

  • Educational decisions
  • Emotional, spiritual, and psychological health
  • Financial health
  • Legal decisions
  • Physical health

There are several ways to legally establish your father’s rights to your children, including establishing a separation agreement, parenting agreement, or a court mandate for child custody.

Each North Carolina divorce and child custody agreement is unique. Some may be determined privately between the parents or during mediation. Others may require litigation to assert their father’s rights.

In either scenario, our skilled Charlotte father’s rights lawyers can help build your case for success.

Our Experienced Family Law Attorneys in Charlotte, NC Represent Clients in the Following Legal Matters:

Who Has Primary Custody of the Children When the Parents Were Unmarried at the Time of Birth?

In North Carolina, the mother’s parental rights are unchanged, whether she is married or not when the child is born.

For unmarried parents, the North Carolina child custody law states the birth mother has all custodial rights until the biological father establishes paternity.

In many cases, unmarried parents will sign an Affidavit of Parentage to establish paternity when the child is born. This is a sworn statement before a witness that declares who is the father.

If no Affidavit of Parentage exists, paternity can be established after the child was born to unmarried parents through a civil action any time before the child turns 18.

The father in question needs to file a formal motion, asking the judge to determine parentage, which will require submitting to a genetic test that will later be submitted to the court.

Once paternity is established, the custody and support obligations of the father are the same as those that apply to married couples. However, that does not mean that the mother may not apply some resistance to a shared custody format.

No matter how contentious the relationship is with the mother, or if your relationship remains intact after the split, establishing a child custody and support agreement is important to your family’s dynamics and overall physical, mental, and emotional health.

We can help.

Contact Our Skilled Father’s Rights Attorneys in Charlotte, North Carolina Today

At the David W. Martin Law Group, our Charlotte father’s rights attorneys are here to listen to your legal challenges, so we can outline all potential strategies that will allow you to pursue the best outcome for your case.

Call us at 980-265-9724 today to discuss your case and get the help you need.

Our Charlotte family law attorneys represent clients throughout North and South Carolina and have convenient offices on both sides of the border to help provide the legal guidance and strategies our clients need to move forward with their new lives with confidence.


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David W. Martin Law Group

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