North Carolina Divorce Lawyers Blog
Two people raising a child together often share everything from sleepless nights to daycare drop-offs to doctor’s appointments to decisions about school. Over time, both adults could become important parental figures in that child’s life.
But what happens when the relationship ends, especially if one of the adults is not the child’s biological parent? Does their involvement in the child’s upbringing give them a right to custody or does the biological parent’s right to make decisions trump that?
The North Carolina Court of Appeals considered these questions in Bullins v. Riddle.
Background of Bullins v. Riddle
In 2019, Jennifer Bullins obtained full legal and physical custody of her son, K.B., in a case involving the father of the child. At the time K.B. was born, Bullins had been living with her partner, Hayley Riddle. The trial court found that Riddle had helped support and care for K.B. since birth.
The women separated in 2020. Riddle was added to the custody case and the court granted joint custody to both women. A 2022 order gave Riddle full legal and physical custody, with visitation for Bullins. The trial court reduced Bullins’ visitation in 2024, giving Riddle tie-breaking authority over decisions, and found Bullins in contempt over a daycare dispute. Bullins appealed.
Could Riddle Seek Custody Without Being a Biological Parent?
The trial court decided to grant Riddle standing (the legal right to bring a custody claim) due to a North Carolina law regarding grandparents; but Riddle was not K.B.’s grandparent, and therefore that law did not apply.
The Court of Appeals agreed that the trial court cited the wrong statute. However, the majority found that Riddle’s standing was supported by a different statute, N.C.G.S. § 50-13.1(a).
The trial court found that Bullins had introduced Riddle into the family unit and had voluntarily given her substantial parental decision-making authority. Those findings, which Bullins did not challenge on appeal, supported the conclusion that Riddle had a parent-like relationship and that Bullins had acted inconsistently with her protected parental status.
Riddle had standing to seek custody. But that doesn’t mean that every ex who helps raise a child automatically has custody rights.
Why Was the Custody Modification Vacated?
Before a court can modify an existing custody order, it must find that there has been a substantial change in circumstances affecting the welfare of the child. Only then can it determine whether a new arrangement is in the best interests of the child.
The trial court cited differences in medical care, schooling, and even haircuts. K.B. also became emotional and clingy in transitioning back and forth between the two homes.
The problem was the missing connection between those findings. The Court of Appeals explained that a child might struggle with transitions for several reasons. The trial court had not sufficiently shown that the adults’ communication problems caused K.B.’s difficulties.
The appellate court therefore vacated the 2024 modification of custody and remanded the case for further findings and, if necessary, a new hearing. It did not determine what visitation schedule would ultimately be put in place.
What About the Contempt Finding?
The trial court found that Bullins enrolled K.B. in the daycare where she worked without informing Riddle. Bullins testified that when she was working and caring for K.B., she took him there eight to ten times.
The Court of Appeals did not decide whether the contempt ruling was correct. Under North Carolina law, appeals of criminal contempt from the district court must be taken to superior court. The appellate court accordingly dismissed that part of Bullins’ appeal.
Why This Case Matters for Families
One judge dissented, arguing that the majority should not have upheld Riddle’s standing under a law no one had raised at trial. He also cited the constitutional rights of biological parents.
The case demonstrates that a former partner’s role in raising a child may matter, but courts must apply the right legal standards. And to change a custody order, there must also be specific findings that show how the child has been affected.
If you are involved in a custody dispute with a former partner or other caregiver, Woodruff Family Law Group can help you understand your rights and options. Contact us today to discuss your situation.