Child custody decisions in North Carolina are not always easy, especially when there are emotional parties involved.
It is normal for parents to wonder how the court determines custody, what factors are considered, and how to protect their rights for the good of their child. Understanding the process is critical to ensuring the best possible outcome for both you and your children.
Let our team of expert family law attorneys help you navigate the process and fight for the custody arrangement that supports your child’s best interests. Call today.
What Types of Child Custody Exist in North Carolina?
North Carolina law recognizes two main types of child custody:
Absolutely! Here’s a clear table summarizing the information about custody:
| Type of Custody | Meaning / Rights | Details / Notes |
| Legal Custody | Right to make major decisions about the child | Can be sole or joint:
– Sole legal custody: One parent makes decisions without consulting the other. – Joint legal custody: Parents must consult and make decisions together (e.g., school, medical procedures). If they disagree, the court may decide. |
| Physical Custody | Right to have the child in your physical care | Can be sole or joint:
– Sole physical custody: Child lives primarily with one parent; the other parent may have visitation. – Joint physical custody: Child’s time is split between parents. Options include: • Primary/secondary split: Child lives mostly with one parent; other parent has scheduled visits (e.g., weekends, dinners). • Equal split: Child alternates regularly between parents |
Each type of custody can be awarded to one parent (sole custody) or both parents (joint custody). Courts generally prefer arrangements that allow children to maintain meaningful relationships with both parents, whenever safe and appropriate. Learn more about custody in Minnesota
Factors Courts Consider in Custody Decisions
North Carolina courts focus on the best interests of the child. Judges evaluate several factors when determining custody:
- Child’s Age and Needs: Younger children may require more consistent routines and caregiving.
- Parenting Ability: Each parent’s ability to provide for the child’s emotional, physical, and educational needs.
- Health and Safety: History of domestic violence, substance abuse, or other safety concerns.
- Child’s Relationship with Each Parent: The bond between the child and each parent, and each parent’s involvement in the child’s life.
- Parental Cooperation: Willingness of each parent to support the child’s relationship with the other parent.
- Child’s Preferences: Depending on age and maturity, the court may consider the child’s wishes.
- Continuity and Stability: The importance of maintaining a stable home, school, and community environment.
How Custody Arrangements Are Determined
The court typically uses a parenting plan to outline custody and visitation schedules. This plan may include:
- Physical custody schedules (weekdays, weekends, holidays)
- Decision-making responsibilities (legal custody)
- Transportation arrangements
- Communication rules between parents
If parents cannot agree, the court will impose a plan based on the child’s best interests. Mediation may also be used to help parents reach an agreement before a judge makes a final determination.
Modifying Custody Orders
Child custody is not necessarily permanent. Either parent can request a modification if circumstances change significantly, such as:
- Relocation of one parent
- Changes in the child’s needs or health
- Evidence of neglect or abuse
- Changes in a parent’s availability or lifestyle
Our attorneys can help file a modification petition and present evidence to support the requested changes.
Why You Need a North Carolina Family Law Lawyer
Are you concerned about protecting your rights and your child’s well-being in a custody dispute? You are not alone. At Martine Law, our experienced family law attorneys will:
- Guide you through the custody process from start to finish
- Help develop a strong parenting plan that protects your rights and your child’s best interests
- Represent you in court or mediation to advocate for your custody goals
- Provide strategic advice to minimize conflict and achieve a stable outcome for your child
Let our team of expert attorneys help you navigate this challenging time. You do not have to face a custody dispute alone. Contact Martine Law today.