Olsinski Law Firm team

Parental Rights for Unmarried Couples

Dedicated Charlotte Family Law Attorneys Protecting the Rights of Parents Who Never Married

At the Olsinski Law Firm, PLLC, we know that raising a child as an unmarried parent comes with unique legal challenges. Whether you’re seeking custody, visitation, or financial support, understanding your parental rights is essential. North Carolina law does not discriminate against unmarried parents, but navigating these issues without legal guidance can be overwhelming. Working with a Charlotte family law attorney at the Olsinski Law Firm can help ensure your rights are protected, and your child’s best interests remain the priority.

Paternity is the Foundation of Parental Rights

For unmarried fathers, establishing paternity is the first step toward securing legal rights. In North Carolina, paternity can be established voluntarily by signing an affidavit of parentage or through a court order under N.C.G.S. § 49-14. DNA testing may be required if paternity is disputed.

Once paternity is established, fathers can pursue rights to custody and visitation, as well as share in the responsibilities of child support. Without legal recognition of paternity, unmarried fathers may face difficulties asserting their parental rights.

Custody and Visitation Rights for Unmarried Parents

Unmarried parents have the same custody rights as married parents, but the process of asserting these rights can differ. Under N.C.G.S. § 50-13.2, custody decisions in North Carolina are based on the best interests of the child. Both parents are presumed to have equal rights to custody, but the court will evaluate factors such as:

  • Each parent’s ability to provide a stable and supportive home environment.
  • The child’s relationship with each parent.
  • The willingness of each parent to encourage a positive relationship with the other.

Unmarried mothers are not automatically granted full custody, and fathers have the right to seek joint or primary custody. A Charlotte family law attorney can help you build a strong case for your desired custody arrangement.

Child Support Responsibilities

Both parents, regardless of marital status, are legally obligated to provide financial support for their child. Child support is determined using the North Carolina Child Support Guidelines, which consider factors such as both parents’ incomes, childcare expenses, and health insurance costs.

For unmarried parents, establishing child support may involve a court proceeding, especially if paternity needs to be confirmed first. At the Olsinski Law Firm, PLLC, we can assist you in calculating and securing a fair child support arrangement that meets your child’s needs.

Parental Rights in Cases of Conflict

Unmarried parents sometimes face conflicts regarding child custody, visitation, or financial responsibilities. For example, one parent may try to limit the other’s access to the child or fail to comply with support agreements. In such cases, the court can intervene to enforce existing orders or modify them if circumstances have significantly changed under N.C.G.S. § 50-13.7.

If you’re dealing with parental disputes, working with a Charlotte family law attorney can help you address these issues effectively and protect your rights. Whether it’s enforcing a visitation schedule or revising a support order, the legal system offers tools to resolve conflicts and prioritize the child’s well-being.

Protecting Your Parental Rights

As an unmarried parent, protecting your parental rights often involves clear communication, careful documentation, and legal action when necessary. Whether you’re the mother or father, it’s important to understand that North Carolina law prioritizes the child’s best interests over the marital status of the parents.

If you’re unsure of your rights or facing challenges related to custody or support, the Olsinski Law Firm, PLLC, can provide the guidance you need. With our experience in family law, we’ll work with you to create a plan that aligns with your goals and supports your child’s future.

The Olsinski Law Firm Is Here to Support Your Family Through Legal Challenges

Unmarried parents face many of the same challenges as married couples, but the legal process can sometimes feel more complex. By understanding your rights and responsibilities, you can ensure that your child’s needs are met while protecting your role as a parent. The Olsinski Law Firm, PLLC, is committed to helping unmarried parents navigate custody, support, and visitation issues with confidence and clarity.

To learn more about the services we provide and to speak with an experienced Charlotte family law attorney about your situation, give the Olsinski Law Firm, PLLC, a call to schedule a no-obligation consultation. You can reach us at 704-405-2580 or through our secure online contact form.

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