What kind of custody agreement do we need when my child is born?

The father of my child are I are not together. He is in the military for another 7 months. When my child is born, I would like to have full custody. He has no plans for after he gets out of the military and no job. He is not asking for certain visitation, just to see the child when he feels like it. I just worry if we don’t have some sort of agreement that is signed he could take the child and I would have a hard time getting her back if he did not comply. What do you suggest I do?

Asked on December 6, 2011 under Family Law, North Carolina


Rhonda Patterson / The Patterson Law Office, PLLC

Answered 8 years ago | Contributor

Your concern is a valid concern.  Without an order stating otherwise, in most states, biological parents have equal rights to a child.  You may want to consider filing an action to establish parentage and determine physical and legal custody.  This action will be filed in the home state and county of the child.  If you and the father can agree to an arrangement, the process will be less expensive and less time consuming.  You can work with an attorney in your area to have your agreement become an order of the court.  If you and the father cannot agree, then the court will likely make its decision based on what is in the best interest of the child.   

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