Martine Law PLLC | Updated October 26, 2026
How can a Raleigh custody lawyer help with your Wake County case?
Bring the papers you received, your current parenting calendar and every existing order. Martine Law can help separate an initial custody request from a temporary-order hearing, a modification or an enforcement problem. Raleigh and Cary parents can discuss school-week logistics, transportation and the decisions that are causing disagreement. The first task is to identify what the court has already decided and what you need it to decide next.
How do judges decide custody in Raleigh?
The child’s best interests guide the decision. The judge considers all relevant circumstances, including domestic violence and the safety of the child and each party, and must make written findings of fact supporting the custody determination. Neither parent receives an automatic advantage. Joint custody must be considered when either parent requests it.
Sources: G.S. 50-13.2
What is the difference between legal and physical custody?
Legal custody concerns major decisions, such as education and medical care. Physical custody concerns the child’s care and living arrangements. Joint legal custody does not necessarily mean equal parenting time. A useful parenting plan addresses both decision-making and the schedule.
Sources: NC Judicial Branch
Where should a custody case be filed?
A new custody case must satisfy North Carolina’s jurisdiction rules. Home state generally means where the child lived with a parent or person acting as a parent for at least six consecutive months immediately before the case; for a child under six months, it means since birth. Temporary absences count. G.S. 50A-201 provides limited alternatives when the home-state route does not apply. Initial jurisdiction, continuing jurisdiction and authority to modify another state’s order are separate questions. A recent move or existing order needs individual review before filing.
Sources: G.S. 50A-102 · G.S. 50A-201 · G.S. 50A-202 · G.S. 50A-203
Within North Carolina, venue can depend on where a parent lives or where the child resides or is physically present. A previously filed divorce or alimony action can affect where custody must be raised. A Raleigh address alone does not settle whether Wake County is the right venue.
Sources: G.S. 50-13.5
Which Wake County resources should you review?
Wake County’s official local-rules page lists custody-mediation and domestic-case forms, including a custody mediation cover sheet and an order to attend orientation and mediation. Use the current county materials with the statewide rules and the papers in your case. A form’s availability does not establish that it is the right filing for your situation.
Sources: NC Judicial Branch
For a consultation, organize separate folders for court notices, parenting schedules, communications and supporting records. Mark the hearing date appearing on the actual notice. Martine Law can help identify which local steps apply before you submit more paperwork.
Will we have to attend custody mediation?
Contested custody and visitation issues generally go to the court’s custody mediation program where one exists. A judge may waive mediation for good cause, including safety concerns, abuse allegations or other statutory circumstances. This program does not decide child support or alimony.
Sources: G.S. 50-13.1
What types of orders can a Wake County case involve?
| Order | Purpose |
|---|---|
| Consent order | Records an agreement approved by the court. |
| Temporary order | Addresses custody while further proceedings remain. |
| Emergency ex parte order | Provides narrow temporary relief when the statutory risk test is met. |
| Permanent order | Determines custody after the case is resolved, subject to later modification requirements. |
Sources: G.S. 50-13.1 · G.S. 50-13.5 · NC Judicial Branch
When can a judge enter an emergency custody order?
Under Chapter 50, an order changing custody before service or advance notice is limited to substantial risks of bodily injury, sexual abuse, or abduction or removal from North Carolina to evade the state’s courts. Ordinary disagreement over parenting time does not automatically meet that test. A qualifying request still requires a judge’s decision.
Sources: G.S. 50-13.5
How can an existing custody order be changed?
A permanent order generally requires a motion and proof of a substantial change in circumstances affecting the child, followed by a best-interest decision. Temporary orders follow different rules. Bring the complete signed order and any later modifications so the next step can be assessed correctly.
Sources: G.S. 50-13.7 · NC Judicial Branch
What should you prepare for your consultation?
- The complete custody order, if one exists, and all papers recently served on you.
- Your child’s addresses and the dates of any interstate moves.
- A calendar of the actual parenting schedule and important school or medical events.
- Messages, records and the names of witnesses relevant to specific concerns.
- A proposed schedule covering school weeks, holidays, transportation and communication.
Martine Law can review the procedural posture, identify deadlines and help organize the questions that need an answer. Keep copies of original records and bring the actual documents rather than relying only on a summary.
How should Triangle parents plan school weeks and exchanges?
Build a proposed calendar that shows school starts and dismissals, work schedules, travel time, activities and holidays. State who handles each pickup and how parents will communicate about changes. If a plan depends on a move, first review jurisdiction and the existing order; a convenient arrangement on paper does not change a court’s authority or the terms already entered.
Sources: G.S. 50A-201 · G.S. 50-13.2
Frequently asked questions
Does a mother automatically receive custody in North Carolina?
No. The custody statute gives neither parent an automatic preference. The child’s best interests control.
Sources: G.S. 50-13.2
Does North Carolina require a 50/50 parenting schedule?
No. The judge must consider joint custody when requested, but the schedule depends on the child’s best interests.
Sources: G.S. 50-13.2
Can parents agree on a custody order?
Yes. A written agreement reached in custody mediation is submitted to the court and generally incorporated into an enforceable order unless the court finds good reason not to do so.
Sources: G.S. 50-13.1
Can a child choose which parent to live with?
A sufficiently mature child’s preference may be considered, but the child does not control the judge’s decision.
Sources: NC Judicial Branch
Can an emergency custody change be ordered without advance notice?
Under Chapter 50, a custody change before service or notice requires the statutory substantial-risk grounds. Physical absence from a hearing is a different issue. Both parties must have an opportunity to be heard.
Sources: G.S. 50-13.5 · NC Judicial Branch
Can a custody order include video calls?
Yes. Electronic communication can supplement custody or visitation, but it cannot replace in-person custody or visitation.
Sources: G.S. 50-13.2
Raleigh office
Martine Law PLLC
8024 Glenwood Ave, Suite 317
Raleigh, NC 27612
Related guides
General information about North Carolina law, not legal advice for a specific situation.