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#1 three03

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Posted 25 March 2011 - 01:35 AM

I am involved with a man who has custody of his minor child. What are the laws in North Carolina about unmarried couples living together with a minor child in the household?


#2 pg1067

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Posted 25 March 2011 - 03:38 AM

I was going to respond by wondering why you would think any such laws exist, but then I looked at your post again and saw that you are in North Carolina.


North Carolina has some of the most archaic laws in the country on its books, including this one:  http://www.ncga.stat.../GS_14-184.html.


However, a google search for "north carolina cohabitation law" reveals that, in 2006, a trial court judge ruled that this law is unconstitutional.  It wasn't clear from my quick review of the search results whether the law is still being enforced or whether that ruling was appealed (or, if so, what the result of the appeal was).  However, the link above seems to indicate that the law is still on the books, so it is possible that it still could be enforced.



#3 three03

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Posted 25 March 2011 - 03:53 AM

Is there any way to find out the specifics on this and if it is still being enforced?


#4 pg1067

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Posted 25 March 2011 - 06:44 AM

three03 said...


Is there any way to find out the specifics on this and if it is still being enforced?


Sure there is.  By reviewing the case file regarding the case that held the law to be unconstitutional, you should be able to determine if the decision was appealed.  It's also possible that, if there was an appeal, there is a published decision.  NC appellate case decisions are reported in West's Southeastern Reporter (and probably also an official state reporter -- e.g., North Carolina Reports or something like that).


As far as whether local law enforcement is still enforcing the law, contact the local police and/or sheriff and ask.  You could also contact the local county district attorney to see if his/her office is prosecuting under the law.



#5 three03

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Posted 25 March 2011 - 12:53 PM

thank you for your help..here is a site I found due to your
help.......http://www.cbsnews.com/stories/2006/09/14/national/main2007258.shtml    ;
from what I read NC does not enforce that law any more.  Now part 2 of
my orrigional  question is about the minor child. The man I am envolved
with has custody of his minor son who resides with him full time.What
are the laws if any about the mans girlfriend moving in and living in
the household with him and his son?


#6 pg1067

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Posted 28 March 2011 - 03:19 AM

three03 said...

from what I read NC does not enforce that law any more.

The article you cited simply addressed the trial court's ruling.  It's also from five years ago, so it's not going to contain any information about what's happening today, and the fact is that the statute is still on the books.  That's why I suggested that you contact local law enforcement.  I would imagine that what happens in the Triangle might be somewhat different than what happens in some of the more rural counties.


three03 said...

Now part 2 of my orrigional  question is about the minor child. The man I am envolved with has custody of his minor son who resides with him full time.What are the laws if any about the mans girlfriend moving in and living in the household with him and his son?

This is pretty much a repeat of your original post.  I cited the only law that touches on this issue.  If your concern is whether a judge might strip your boyfriend of custody if you shack up together, we're in no position to know.  You'd have to ask a local family law attorney about how the local judge(s) view unmarried cohabitation in terms of custody.



#7 Ted_from_Texas

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Posted 26 March 2011 - 03:01 AM

There are no enforceable statutes in any state I'm aware of that generally prohibit cohabitation by unmarried couples.  A few states (not sure if North Carolina is one) allow wording in the custody order that prohibits either parent from cohabiting with a person of the opposite sex while the kids are present.  If your boyfriend's custody order contains such a clause and you move in, he could lose custody.  If the custody order is silent on the subject of cohabitation, you are free to move in whenver you (and he) likes.




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