Custody Law for out of wedlock children

[pprkr]

What is the name of your state? North Carolina
are mothers of children born out of wedlock given automatic custody of that child? My daughter was recently hospitalized and while in the hospital her childrens dads obtained the children and are refusing to return them.

 

[Grace_Adler]

No, the mother is not given automatic custody here.

I have a question for you though. Has paternity been established? Meaning, did he sign an Affadavit of Paternity or take a paternity test?

I would suggest you file for an Emergency Custody Order if it is possible. If not, at least go file for custody.

 

[pprkr]

Yes a paternity test was given. There is a child support order in place, which he is behind on. There is no custody agreement in place. If he has gone to get an emergency custody agreement what exactly does that mean? The court will not just grant him custody without any appearance, response, etc. from my daughter will they?

 

[Grace_Adler]

No, I'm sorry. I meant that she should see if she can get one because he took them and won't let her see them. I don't know if she can or not but check into it. If she can't she needs to file for custody ASAP.