I wrote about the opinion in Green v. Carter, 900 S.E.2d 108 (N.C. App., March 19, 2024), in this post: https://civil.sog.unc.edu/an-unmarried-partner-with-joint-legal-and-physical-custody-is-not-a-parent-and-cannot-be-ordered-to-pay-child-support/ The court of appeals held that the partner of the biological mother of a child (Green) could not be ordered to pay child support, even though she and the mother of the child (Carter) decided to have the child together while they were living together, agreed to the use of artificial insemination with a sperm donor to create the child, and held themselves out as the “parents” of the child for years until their romantic relationship ended. The partner (Green) was granted joint legal and physical custody of the child after a trial court concluded that the biological mother (Carter) had waived her constitutional right to exclusive custody by holding the partner out as the child’s co-parent and by intentionally allowing the partner to develop this parent-like relationship with the child without indicating the relationship was not a permanent one. But when the trial court determined that the partner should pay child support, the court of appeals reversed, citing G.S. 50-13.4 and stating: “[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.”
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Tag: presumption of legitimacy