Legal Aid of North Carolina

If the parents have separated and cannot agree as to who should keep the children or have custody:
1. If there is no court order determining who has custody of the children, each parent has an equal right to live with the child.
2. If you need custody established by the court.

To obtain "legal custody" that can be enforced by the court, you must  file a custody action in court. The court enters a judgment or a custody order establishing who shall have physical custody of the children, and who shall have visitation