What Are My Rights as a Father in North Carolina?

As a father, you have certain rights regarding custody and visitation with your child. Although many people still hold on to the outdated belief that the state always sides with the biological mother of a child, this is no longer true. Both parents have equal rights to their children in the eyes of North Carolina courts. Of course, disputes about custody and parentage can be complicated, and you may have a lot of questions. Our attorneys have answers.

What was the Tender Years Doctrine?

Clients often ask us about the Tender Years Doctrine and whether it is still used in North Carolina courts. The answer is no; the Tender Years Doctrine was abolished in 1977. However, for a historical perspective, this doctrine held that, all other things being equal, children under age 13 (the “tender years”) were better off in the care of their mother than their father.

As you can see, the courts recognized this as an outdated rule and no longer uses it as a factor when assigning child custody and visitation. The United States Supreme Court has set precedent that issues regarding biological fathers are covered under the Equal Protection Clause of the U.S. Constitution.

What do NC courts use instead of the Tender Years presumption?

As the country moves forward toward equal rights for fathers in child custody matters, many courts use an equitable split of parenting time as a starting point when making custodial decisions. North Carolina courts always prioritizes the best interests of the child when making child custody decisions.

In addition to the overall best interests standard, the court also looks at the current standard of living for the child. What is your child’s current custody arrangement? Do you currently see your child regularly? What role do you play in his/her life right now? Judges take into account the “status quo” and whether or not changing it will have a negative or beneficial effect on the child. An experienced custody attorney can work with you to help build your case.

Do I have rights to my child if the mother and I were never married?

Yes, you do. You can’t sit back and expect everyone to treat you as a father, though, if you are unwilling to step up and claim that right. If a couple is married when they have a child, the husband is the presumptive father. As an unmarried dad, however, your rights to your child don’t hinge on being married to the mother. Your biological paternity does. So, establishing paternity is your first step in having rights, custody or visitation with your child.

The easiest way to establish paternity is to have your name on the birth certificate when the child is born. If this is impossible, you can fill out a Voluntary Acknowledgement of Paternity form with the state. Or, you and your attorney may need to file a paternity action with the court.

How can a paternity lawyer help me see my children?

As a responsible and loving father, you have the right to be a part of your child’s life. Depending on the circumstances of your case, you have several options available to establish and assert your rights. Your attorney can help you draft a parenting plan with your child’s other parent. This document lays out mutually agreeable terms around custody and visitation, including details about decision-making and other important matters.

At Epperson Law Group, PLLC, our family law attorneys can answer all your questions about child custody and visitation. We represent parents across the state. Call us in Charlotte, Boone, Concord, or Weddington at 704-321-0031, or visit our contact page, and schedule your consultation.