The North Carolina Court of Appeals recently reminded us that custody rights do not make a person a parent. So, while a person may have court-ordered equal custody with the child’s biological parent, that fact alone does not mean that person can be ordered to pay child support. In Green v. Carter, decided by the court of appeals on March 19, 2024, the court held that “[b]ased on long-established North Carolina law, … [a person] cannot be required to pay child support unless she is the child’s mother or father or has agreed formally, in writing, to pay child support.” Dissent by Hampson.
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Tag: in loco parentis
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Domestic violence protective orders: when is a stepparent acting in loco parentis?
A plaintiff cannot obtain a Civil No-Contact Order pursuant to GS Chapter 50C against a defendant younger than 16 years of age. GS 50C-1(7). There is no similar general restriction on the age of defendants for claims brought pursuant to GS Chapter 50B seeking a Domestic Violence Protective Order. So, for example, a plaintiff may seek Chapter 50B protection against a current or former household member who is 13 years old or against someone 15 years old with whom plaintiff has been in a dating relationship. See blog post, March 13, 2015, Minor Parties in 50B Cases.
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