Non Custodial Parents Wanting Custody in North Carolina

A North Carolina family law court’s decisions in a child custody case will revolve around what is in the child’s best interest. This approach allows courts to award custody of an underage child to a non-parent third party if the child’s parents do not want custody or are unfit or incapable of caring for the child.

A family law judge will seek to abide by the parental preference rule, which assumes that a child is better off with one or both biological parents unless it sees strong evidence to the contrary. Suppose a grandparent, an aunt, an uncle, or another party has reason to assume custody of a child. In that case, they must either have the biological parents’ cooperation or be able to make a case that they will provide the guidance, stability, and safety that the biological parents cannot. Non-parent custody is also granted in emergencies, such as when both parents are incarcerated, incapacitated, or deceased.

The family law attorneys at Charles R. Ullman & Associates in Raleigh, NC, can help if you have a reason to seek custody of a child who is not your biological child. If all parties agree, we can draft a consent order for the court’s approval for you to obtain custody. If child custody is contested, an experienced family law attorney can put together a case to persuade the court that awarding you custody is in the best interest of the child.

Call us today or use our online contact form to schedule a consultation at our law office in the historic Wyatt House in downtown Raleigh. Our family law firm serves clients throughout Wake County.

Understanding Non-Parent Child Custody in North Carolina

North Carolina law (N.C.G.S. § 50-13.1(a)) allows “any parent, relative, or other person, agency, organization or institution” not convicted of rape or statutory rape to petition the court for custody of a minor child.

Custody shall be awarded to the party that will best promote the interest and welfare of the child” (N.C.G.S. § 50-13.2(a)). Custody may be awarded to one, two, or more persons, agencies, organizations, or institutions.

An individual who wants to assume custody of a child who is not biologically theirs must file a petition with the court and prove to the court that the biological parents are either unfit to care for the child or have not acted in accordance with their rights as parents, such as by abandoning the child to be raised by a non-parent.

Non-relatives requesting custody must also prove they have a substantial relationship with the child, akin to a parent-like relationship.

If there is no individual to seek custody of a child, the child may become a ward of the state under the state’s foster care system. While the child lives with foster families or in group homes, the local Department of Child and Family Services typically oversees their well-being.

Emergency Custody Situations in North Carolina

Under certain circumstances, a judge can grant one parent or a qualifying third party an immediate, short-term custody order without hearing from others who have standing regarding the child’s custody.

An emergency custody order is sometimes called an “ex parte order,” indicating a decision made without the presence of a party to the custody matter. After granting an emergency custody order, the court must schedule a hearing so all parties can be heard.

Emergency custody may be granted if a child is at a substantial risk of:

• Bodily injury
• Sexual abuse
• Removal from the state to avoid the authority of North Carolina courts.

Under North Carolina law, a court asked to award temporary custody must base its decision on the best interest of the child and give particular consideration to the child’s safety. The statute says the court shall consider the following:

• Whether the minor child was exposed to a substantial risk of physical or emotional injury or sexual abuse.
• Whether the minor child was present during acts of domestic violence.
• Whether a weapon was used or threatened to be used during any act of domestic violence.
• Whether a party caused or attempted to cause serious bodily injury to the aggrieved party or the minor child.
• Whether a party placed the aggrieved party or the minor child in reasonable fear of imminent serious bodily injury.
• Whether a party caused an aggrieved party to engage involuntarily in sexual relations by force, threat, or duress.
• Whether there is a pattern of abuse against an aggrieved party or the minor child.
• Whether a party has abused or endangered the minor child during visitation.
• Whether a party has used visitation as an opportunity to abuse or harass the aggrieved party.

What Makes a Parent Unfit to North Carolina Courts?

North Carolina law does not define an unfit parent, but North Carolina law states several reasons why a court may grant a petition for termination of parental rights. They include:

• Parental abuse or neglect of the child.
• The parent’s or parents’ inability to properly care for the child, which could be due to illness, incapacity, addiction, incarceration, or immaturity.
• Willfully leaving a child in foster care or placement outside the home for more than 12 months without attempting to change the circumstances for the placement.
• Conviction of a violent crime against a child or a sexual offense that resulted in the conception of the child.

Any parent who has willfully abandoned a child for six months or more can have their parental rights terminated. Abandonment means willfully failing or refusing to provide adequate means of support or attempting to conceal their whereabouts from a child to escape a lawful obligation to provide child support.

Charles Ullman & Associates: Your Advocates in Family Law

Judges have wide discretion in North Carolina family law cases. For a nonbiological parent to obtain custody of a child, it requires persuading a district court judge that it is necessary to ensure that the best interests of the child are met.

If you are seeking custody of a child and do not have a parent-child relationship, seek trusted guidance from a family law firm that focuses exclusively on family law matters. The N.C. State Bar Board of Specialization recognizes Charles R. Ullman as a board-certified specialist in family law. An attorney with Charles R. Ullman & Associates can guide you through the legal process and make sure your case for being awarded custody of a child with whom you do not have a biological relationship is properly developed and presented. We can prepare all necessary filings and compile evidence to demonstrate to the court that you will promote the best interests and welfare of the child and represent you in court.

Contact our firm today at (855) 928-0531 in Raleigh for a consultation about how we can guide you through the legal requirements for winning custody of a child or intervening in cases involving unfit parents.

About Charles R. Ullman & Associates

Charles Ullman & Associates provides you respected, experienced and knowledgeable divorce and family law attorneys. You can trust us to help you through the legal process efficiently and effectively so you can transition to the next phase of your life. Our community involvement reaches beyond charitable support of important causes. We launched our own movement in Fraternities4Family and provide scholarships to able students in need.