When Can a Nonparent Seek Custody in North Carolina?

Few family law questions are more personal than deciding who gets to spend time with a child. Things become even more complicated when someone who is not a biological or adoptive parent has filled a parental role.

Cox v. Sadovnikov asked the North Carolina Court of Appeals to consider jurisdiction, a former husband’s right to file a custody claim, and the biological mother’s constitutional rights.

Background of Cox v. Sadovnikov

The child, called “Ralph” for privacy, was born while Jessica Sadovnikov and John Cox were married. Mr. Cox was named as the father on the birth certificate, and Ralph believed he was his biological father. Mr. Cox was not in fact the biological father and never adopted Ralph. The biological father’s rights had been terminated separately.

After the divorce, Mr. Cox filed for custody. Sadovnikov described him as minimally involved and more like a babysitter. Mr. Cox said he had acted as a father figure, provided support, and cared for Ralph for extended periods.

The trial court entered a temporary custody order giving Mr. Cox visitation. It also required the parties and Ralph to participate in counseling and reunification therapy. Sadovnikov appealed.

Temporary custody orders usually cannot be appealed right away, but this one could because giving a nonparent access to Ralph affected Sadovnikov’s fundamental parental rights.

Did North Carolina Have Jurisdiction?

Sadovnikov argued that North Carolina was not Ralph’s “home state” under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

But the Court of Appeals did not agree because although Sadovnikov and Ralph had traveled outside the state, they were living in North Carolina when Mr. Cox filed on May 11, 2020. They moved to Tennessee later that month.

In other words, jurisdiction was based on where Ralph was living at the time the case started, not where Sadovnikov was planning to live in the future.

Did Mr. Cox Have Standing to File for Custody?

The court also found that Mr. Cox had standing (meaning he had alleged sufficient facts to bring a custody claim). In his complaint he described a parent-child relationship with Ralph, claiming that Sadovnikov had allowed him to take on parental duties.

But that did not mean that Mr. Cox had proved that he was entitled to custody or visitation with Ralph. The case was still at the motion to dismiss stage, when courts interpret the allegations in a light most favorable to the person who filed the claim.

At the custody hearing, much later, it would be necessary to prove those allegations and to show that custody or visitation was legally appropriate.

Why Was the Custody Order Vacated?

A biological parent generally has a constitutionally protected right to care for their child. Before granting rights to a nonparent, a court must find by “clear and convincing evidence” that the parent is unfit or acted inconsistently with that protected status.

The trial court found that Sadovnikov had acted inconsistently with her rights by allowing Mr. Cox to form a permanent parent-child relationship. However, its order did not state that it used the required clear and convincing standard.

And so, due to that omission, the Court of Appeals vacated (canceled) the temporary custody order and sent the case back for a new hearing. Only if the trial court first makes the required constitutional finding may it move on to decide what arrangement serves Ralph’s best interests.

How Does this Case Affect Other NC Families with Similar Dynamics?

Cox v. Sadovnikov exemplifies that a nonparent may have standing based on an alleged parent-child relationship. But it does not automatically override a biological parent’s constitutional protections or entitle the nonparent to custody or visitation.

The court must find by clear and convincing evidence that the biological parent is unfit or has acted inconsistently with their protected parental status in order to grant those rights. Only then will the court be able to decide what arrangement is in a child’s best interests.

What Can I Do If I’m in this Situation?

These cases can be very emotionally difficult, especially when a child has strong attachments to more than one adult. If you are in a custody dispute with a parent, stepparent or other caregiver, Woodruff Family Law Group can help you understand what standards may apply to your family. Feel free to reach out today to get the help you need.