Kennedy Law Associates
COVID-19 UPDATE: Kennedy Law Associates remains open to serve the legal needs of our clients, and for consultations with potential clients, safely via teleconferences, Skype, or Facetime. Let’s all stay healthy and safe.

Child custody and visitation for unmarried fathers

A father in North Carolina has the right to seek visitation and custody rights regardless of whether he was married to his child's mother. However, paternity must be officially established before an unmarried father can assert his parental rights. If paternity is not being contested, it may be established with signatures from both of the parents.

When paternity is contested, a man may need to take a DNA test in order to prove that he is the child's father. Once paternity is established, the father can negotiate a parenting plan with the mother or petition the court for custody or visitation rights. When it comes to child custody and visitation decisions, courts will first consider the best interests of the children. In most cases, this means that the child will maintain contact with both parents.

If there is evidence of drug abuse or domestic violence, a court may rule against a parent's petition for child custody. A father who is petitioning for sole custody of his child will usually not succeed unless he can prove that the mother is an unfit parent.

A father who already has a child custody or visitation order may petition the court for a modification if certain circumstances have changed. For example, a father may ask the court for more parenting time if the original child custody order was issued when a child was still very young. A family law attorney may be able to represent a father who is seeking a new or modified child custody order.

No Comments

Leave a comment
Comment Information
Contact Us

Tell Us Your Story

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

In Your Neighborhood

Are quality legal services available in your Charlotte neighborhood? Yes, our offices are located in Ballantyne, so you do not need to fight traffic driving uptown or deal with the inconvenience of paid parking decks. We are just minutes from the Ballantyne Corporate Park right off of I-485. An initial domestic consultation with Kennedy Law Associates is a positive step toward creating a roadmap to a better future.

14835 Ballantyne Village Way, Suite 225
Charlotte, NC 28277

Phone: 704-512-0619
Phone: 704-369-5600
Get Directions