In the state of North Carolina, unmarried mothers automatically receive primary custody of their children. Unmarried fathers, on the other hand, must go through the courts if they want to obtain parental rights or secure a visitation arrangement—and many of them do. If you’re a single mother, it’s natural to worry about court orders that will affect custody—and your children’s lives—in a major way. Here is what you should know about the subject so you can hope for the best while preparing for the worst. 

Both Physical & Legal Custody Are at Stake

Although single mothers are automatically granted physical and legal custody upon giving birth, single fathers can seek both as soon as they are ready. If the father can prove that he has been helping to raise the child, he may be able to secure a joint arrangement. In such a scenario, the couple would share both physical and legal custody of the children. In most cases, the father would not be able to obtain primary custody; however, if he can prove the mother is an unfit parent, the court may consider it. 

The Father Is Not the Only One Who Can Seek Custody 

Even if the child's father is not in the picture, the mother may still have to worry about facing a custody battle. In North Carolina, third parties may seek custody if they have a relationship with the child. For example, the father’s parents might be determined to be part of their grandchild’s life. In such a scenario, the court would consider how long they have known the child and what kind of relationship they established in that time. 

If you’re facing a custody dispute as an unmarried parent, turn to Fulcher Law Firm for strategic guidance. Located in Albemarle, NC, this practice is led by Stacy D. Fulcher, who has been practicing law for nearly two decades. By limiting his focus to just family law and criminal law, he is able to provide the most comprehensive counsel possible. To request an initial consultation, fill out the form on his website or call (704) 984-6060.