QUESTION

If a child is born out of wedlock in NC, does the mother have sole custody

Asked on Apr 13th, 2015 on Child Custody - North Carolina
More details to this question:
The mother is married to a man that is not the father. The biological father and mother have been living together for the 3 years there child has born. The mother wants to move out with the child but the biological father has been threatening that he will call the police on the mother for kidnapping if she leaves. Can he do that? What are the mother's rights? Does is benefit her that the mother and husband want to make the married work or does it hurt her? The mother has spent the 3 years trying to make it work with the biological father for the child but the father continues to lie and display behavior.
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1 ANSWER

Criminal Law Attorney serving Durham, NC
3 Awards
No one has sole custody until a Judge gives someone sole custody.  I doubt he would get any assistance from the police without a court order saying he had custody.  Whose name is listed on the birth certificate as the legal father?  If you were still married, I wonder if your husband’s name is there.  That makes a big difference in the boyfriend’s legal standing. 
Answered on Apr 20th, 2015 at 7:25 AM

Kathy Richardson Richardson Law Firm, PLLC 2310 S. Miami Blvd, Ste 134 Durham, NC 27703 919-680-2300

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