In Re the Custody of Owenby

Ordinarily, if a suitable person, the mother of an illegitimate child is its natural guardian and, as such, has the legal right to its custody, care and control. Jolly v. Queen, 264 N.C. 711, 142 S.E. 2d 592. While the mother of an illegitimate child has the paramount right to its custody, nevertheless, the welfare and best interests of the child override her paramount right to custody, where, by reason of character or special circumstances, the mother is unfit or unable to care for the child. Jolly v. Queen, supra.

The polar star for determining the custody of children is what serves the best…