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Jack R.
Jack R., Family Law Attorney
Category: Family Law
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Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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What is the law in North Carolina for two people who live together

Resolved Question:

What is the law in North Carolina for two people who live together (about 5 years), never married, have a child and the mother wishes to leave with her child?. Legally, can she? Is North Carolina a common law state?
Submitted: 6 years ago.
Category: Family Law
Expert:  Jack R. replied 6 years ago.

NC does not allow common-law marriage, therefore you cannot enter into a common-law marriage in the state of NC. As the mother of the child you have default custodial rights to the child. You can decide to leave with the child if you wish. The father will be able to petition the court for visitation and potentially custody of the child. A court will then decide what the custody and visitation will be. A court will also assess child support against the non custodial parent.


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This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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