An unmarried partner with joint legal and physical custody is not a parent and cannot be ordered to pay child support.

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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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