A North Carolina court deciding custody shall award custody to the person, agency, organization, or institution that will best promote the interest and welfare of the child.
A custody order must include written findings of fact that reflect the consideration of each of the required factors and that support the determination of what is in the best interest of the child.
What standard does the court use?
Between the parents, whether natural or adoptive, no presumption shall apply as to who will better promote the interest and welfare of the child.
Joint custody to the parents shall be considered upon the request of either parent.
An order for custody may grant joint custody to the parents, exclusive custody to one person, agency, organization, or institution, or grant custody to two or more persons, agencies, organizations, or institutions.
Any order for custody shall include such terms, including visitation, as will best promote the interest and welfare of the child.
Factors the court considers
In making the custody determination, the court shall consider all relevant factors including acts of domestic violence between the parties, the safety of the child, and the safety of either party from domestic violence by the other party.
How domestic violence affects the custody order
If the court finds that domestic violence has occurred, the court shall enter such orders that best protect the children and party who were the victims of domestic violence, in accordance with the provisions of G.S. 50B-3(a1)(1), (2), and (3).
If a party is absent or relocates with or without the children because of an act of domestic violence, the absence or relocation shall not be a factor that weighs against the party in determining custody or visitation.
Alcohol conditions in custody orders
Any order for custody may, as a condition of custody or visitation, require either or both parents, or any other person seeking custody or visitation, to abstain from consuming alcohol and may require submission to a continuous alcohol monitoring system to verify compliance.
Failure to comply with an alcohol abstention or monitoring condition in a custody order shall be grounds for civil or criminal contempt.
Military deployment and custody
In a proceeding for custody of a minor child of a service member, a court may not consider a parent’s past deployment or possible future deployment as the only basis in determining the best interest of the child.
Questions people ask about North Carolina child custody
What is the best-interest standard in NC custody cases?
A North Carolina court deciding custody shall award custody to the person, agency, organization, or institution that will best promote the interest and welfare of the child. A custody order must include written findings of fact that reflect the consideration of each of the required factors and that support the determination of what is in the best interest of the child.
Does the mother automatically get custody in North Carolina?
Between the parents, whether natural or adoptive, no presumption shall apply as to who will better promote the interest and welfare of the child.
Can both parents get joint custody?
Joint custody to the parents shall be considered upon the request of either parent. An order for custody may grant joint custody to the parents, exclusive custody to one person, agency, organization, or institution, or grant custody to two or more persons, agencies, organizations, or institutions.
What does a custody order include about visitation?
Any order for custody shall include such terms, including visitation, as will best promote the interest and welfare of the child.
How does domestic violence change a custody decision?
In making the custody determination, the court shall consider all relevant factors including acts of domestic violence between the parties, the safety of the child, and the safety of either party from domestic violence by the other party. If the court finds that domestic violence has occurred, the court shall enter such orders that best protect the children and party who were the victims of domestic violence, in accordance with the provisions of G.S. 50B-3(a1)(1), (2), and (3).
Can leaving home because of domestic violence hurt my custody case?
If a party is absent or relocates with or without the children because of an act of domestic violence, the absence or relocation shall not be a factor that weighs against the party in determining custody or visitation.
Can a custody order require a parent to stop drinking?
Any order for custody may, as a condition of custody or visitation, require either or both parents, or any other person seeking custody or visitation, to abstain from consuming alcohol and may require submission to a continuous alcohol monitoring system to verify compliance. Failure to comply with an alcohol abstention or monitoring condition in a custody order shall be grounds for civil or criminal contempt.
Does military deployment count against a service-member parent?
In a proceeding for custody of a minor child of a service member, a court may not consider a parent’s past deployment or possible future deployment as the only basis in determining the best interest of the child.
Talk with Martine Law about child custody
Early preparation shapes the outcome. Martine Law handles custody matters across North Carolina. Call for a confidential consultation, or fill out the contact form on this page with your name, phone number, and a short description of your situation, and we will follow up promptly.