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How often is the father awarded custody of the child over the mother in North Carolina?
The father was awarded custody of his children.
The mother can still have sole legal and physical custody when the father is awarded visitations. Custody and visitations are separate matters. The mother would be required to obey the visitation schedule.
Yes, she can. All she has to do is press suit to have custody awarded, or convince him to give her custody.
A father may be awarded custody in cases where the court feels it would be in the child's best interests to be placed with him.
The time frame should have been stated by the judge when custody was awarded.
A child does not need to be abandoned by their mother for a father to be awarded full custody. If the father can demonstrate before a judge that the mother is unfit to parent, the judge can award him full custody of the child.
If father was awarded custody before and his circumstances have not changed, unless the mother's situation has improved dramatically the father has a good chance of maintaining custody.
I think it depends on how long the mother will be incarcerated for. There might be a hearing giving the father temporary custody. But if the father ever tries to get full physical custody of the child in the future, it might not be good for the mother. However, she can never be refused visitation.
Basically it means getting to be the legal guardian of children. For example, if a couple divorces and the mother is given custody of the children, she then becomes the children's legal guardian and they will usually live with her, often with visits from the father.
If a child has lived with one parent their entire life, with no custody or visitation arrangements, it is assumed the mother has sole custody. Generally, until the father establishes his paternity in court, the mother has sole control over the child. Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must seek other means of establishing his paternity and that is done through paternity test. A paternity test can be arranged through the court and once established the father can petition for custody. The court will schedule a hearing and the father must present his evidence and argument. The court will review the testimony and evidence to determine if a change in custody is warranted and render a decision. At the same time the court will address child support and if the father is not awarded custody he can request a visitation schedule.
In 49 states the mother has sole custody and control.