This type of inconsistent act is likely to be the one applicable to cases where non-parents are seeking custody of a child.A parent voluntarily conferring parenting rights and responsibilities upon a non-parent.North Carolina courts have found the following acts to be inconsistent with a parent’s protected status: Parents in the United States have Constitutionally-protected rights to raise their children the way they see fit, which is why a non-parent seeking custody of a child from a parent has greater hurdles to overcome. If you have standing to pursue a custody claim, then the Court will next determine whether the biological or legally-recognized parent has taken actions which are inconsistent with his or her constitutionally protected status as a parent. Speak to a lawyer about whether you have standing to pursue a custody claim. Standing for non-parents is determined on a case-by-case basis and depends upon the specific facts of your situation. North Carolina Courts have held that “a relationship in the nature of a parent and child relationship, even in the absence of a biological relationship, will suffice to support a finding of standing.” Ellison v. Generally, standing is conferred by statute, and in the case of a custody claim, standing is conferred by N.C.G.S. Standing means the legal right of a person to bring a particular type of legal claim. However, because you are considered a non-parent, the Court will first have to find that you have standing to bring a custody claim. If you fall into either of these categories, it is still possible that you could be awarded custody and/or visitation with your child. As a result, you may have a child with whom you have no biological relationship (i.e., your partner provided the egg or sperm for conception of the child) or no legally-recognized parental relationship (i.e., you have not adopted your child). If you and your partner are not married in North Carolina or any other state, then adopting the child of your relationship is not a possibility (at least not in North Carolina). Below is more information about various family law issues as it relates to same-sex married and unmarried couples. As a result, same-sex couples still face challenges in securing certain legal protections. In addition, because North Carolina so recently began recognizing same-sex marriages, there is little relevant case law surrounding the changes in the marriage equality landscape.
Before North Carolina recognized gay marriage, same-sex couples married in another state were unable to get divorced in North Carolina.ĭespite the fact that gay marriage is now legally recognized in North Carolina and throughout the United States, there is a lack of clarity surrounding our state’s laws related to domestic issues and same-sex couples. The right to file taxes as a married couple (married filing jointly or married filing separately).The right to make a claim for equitable distribution and alimony upon separation from your spouse.
The right to inherit from your spouse (even if your spouse does not have a will).These rights and privileges include, but are not limited to:
As a result, same-sex marriage became legally recognized in North Carolina on Octoextending the same rights and privileges of marriage to same-sex married couples previously available only to heterosexual married couples. Accordingly, the Fourth Circuit’s opinion holding that a ban on gay marriage was unconstitutional became binding precedent for North Carolina, which is in the Fourth Circuit. This ruling was then presented to the Supreme Court for review, however the Court denied review. In 2014, the Fourth Circuit Federal Court of Appeals struck down a ruling that banned gay marriage.