A custody order in North Carolina shall award custody to the person, agency, organization, or institution that will best promote the interest and welfare of the child. Between the parents, whether natural or adoptive, no presumption shall apply as to who will better promote the interest and welfare of the child.
How North Carolina courts decide custody
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.
A custody order must include written findings of fact that reflect the consideration of each relevant factor and that support the determination of what is in the best interest of the child.
Types of custody orders
A custody order 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.
Joint custody to the parents shall be considered upon the request of either parent.
Custody when domestic violence is part of the case
If the court finds that domestic violence has occurred, the court shall enter 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.
Parental rights to records, conditions, and contact
Absent an order of the court to the contrary, each parent shall have equal access to the records of the minor child involving the health, education, and welfare of the child.
A custody or visitation order may, as a condition of custody or visitation, require either or both parents to abstain from consuming alcohol and may require submission to a continuous alcohol monitoring system to verify compliance.
Electronic communication with a minor child may be used to supplement visitation with the child, but may not be used as a replacement or substitution for custody or visitation.
A custody order may provide visitation rights for any grandparent of the child as the court, in its discretion, deems appropriate.
Source: G.S. 50-13.2(b), (b1), (b2), (e)
Military parents
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.
How North Carolina calculates child support
The father and mother shall be primarily liable for the support of a minor child, absent pleading and proof that the circumstances otherwise warrant.
The court shall determine the amount of child support payments by applying the presumptive guidelines established pursuant to G.S. 50-13.4(c1), though a court may vary from the guidelines upon finding that their application would not meet or would exceed the reasonable needs of the child or would be otherwise unjust or inappropriate.
Payments ordered for the support of a minor child shall be in such amount as to meet the reasonable needs of the child for health, education, and maintenance, having due regard to the estates, earnings, conditions, accustomed standard of living of the child and the parties, the child care and homemaker contributions of each party, and other facts of the particular case.
How long child support lasts
Payments ordered for the support of a child shall terminate when the child reaches the age of 18, except that if the child is still in primary or secondary school when the child reaches age 18, support payments shall continue until the child graduates, otherwise ceases to attend school on a regular basis, fails to make satisfactory academic progress towards graduation, or reaches age 20, whichever comes first, unless the court in its discretion orders that payments cease at age 18 or prior to high school graduation.
What happens if a parent does not pay
An order for the periodic payments of child support is enforceable by proceedings for civil contempt, and disobedience may be punished by proceedings for criminal contempt.
Questions people ask about NC divorce, custody, and support
Does it matter which parent files for divorce first when children are involved?
A custody order in North Carolina shall award custody to the person, agency, organization, or institution that will best promote the interest and welfare of the child. 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 a parent request joint custody even if the other parent objects?
Joint custody to the parents shall be considered upon the request of either parent.
Will a history of domestic violence affect custody?
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 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).
What if I had to leave the home or take the children to get away from violence?
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 my child’s grandparent get visitation rights in a divorce proceeding?
A custody order may provide visitation rights for any grandparent of the child as the court, in its discretion, deems appropriate.
Until what age does child support continue in North Carolina?
Payments ordered for the support of a child shall terminate when the child reaches the age of 18, except that if the child is still in primary or secondary school when the child reaches age 18, support payments shall continue until the child graduates, otherwise ceases to attend school on a regular basis, fails to make satisfactory academic progress towards graduation, or reaches age 20, whichever comes first, unless the court in its discretion orders that payments cease at age 18 or prior to high school graduation.
What can a parent do when the other parent stops paying support?
An order for the periodic payments of child support is enforceable by proceedings for civil contempt, and disobedience may be punished by proceedings for criminal contempt.
Can a judge order a parent to stop drinking as part of a custody arrangement?
A custody or visitation order may, as a condition of custody or visitation, require either or both parents to abstain from consuming alcohol and may require submission to a continuous alcohol monitoring system to verify compliance.
Talk with Martine Law about your divorce and custody questions
Acting early gives you time to prepare before the process moves forward. Martine Law handles divorce and custody cases 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.