A North Carolina court shall award custody of a minor child to the person, agency, organization, or institution that will best promote the interest and welfare of the child.
In making the custody determination, the court shall consider all relevant factors.
Factors the court weighs
The court shall consider 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 as relevant factors in the custody determination.
An order for custody must include written findings of fact that reflect the consideration of each of these factors and that support the determination of what is in the best interest of the child.
Does one parent start with an advantage?
Between the parents, whether natural or adoptive, no presumption shall apply as to who will better promote the interest and welfare of the child.
What the custody order covers
An order for custody shall include such terms, including visitation, as will best promote the interest and welfare of the child.
Military parents and deployment
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 happens if domestic violence has occurred between the parents?
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).
Does leaving the 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 restrict a parent’s alcohol use?
An order for custody 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 with this condition.
What happens if a parent violates an alcohol condition in a custody order?
Failure to comply with an alcohol abstention or monitoring condition of a custody or visitation order shall be grounds for civil or criminal contempt.
Can I ask for joint custody even if we are not getting along?
Joint custody to the parents shall be considered upon the request of either parent.
Legal custody and physical custody
North Carolina orders usually address two kinds of custody. Legal custody is decision-making authority over major issues such as school, non-emergency medical care and religious upbringing. Physical custody is where the child lives and the schedule each parent has. Either kind can be joint or sole. A parent can have joint legal custody and still have a smaller share of the physical schedule.
The statute does not use a fixed formula such as equal time. The judge builds the schedule around the child’s needs, which is why the written findings in the order matter so much. For sample schedules, see our guide to parenting time schedules by age.
How a custody case moves through North Carolina courts
A parent, relative or other person with an interest in the child can start a custody action in District Court under G.S. 50-13.1. Custody can be filed on its own or together with a divorce, equitable distribution or child support claim. Most cases then follow the same path:
- Filing and service. The complaint is filed with the clerk in the proper county and served on the other parent.
- Parenting class and mediation. When custody is contested, the parents are generally ordered to the court’s custody mediation program before a judge hears the case. The court can waive mediation for good cause, including domestic violence, substance abuse or a great distance between the parents.
- Parenting agreement or hearing. If mediation produces a parenting agreement, the judge can approve it and it becomes a court order. If not, the case goes to a temporary hearing, a permanent hearing, or both.
- Order with findings. The judge enters a written order with findings of fact that explain why the custody terms are in the child’s best interest.
Many families have a temporary order first and a permanent order months later. Our article on temporary and permanent custody in North Carolina explains how the two differ.
Which state decides custody
North Carolina follows the Uniform Child-Custody Jurisdiction and Enforcement Act in Chapter 50A. In most first-time cases, the child’s home state decides custody. That is generally the state where the child lived with a parent for at least six consecutive months right before the case was filed. If a child moved here recently, a North Carolina court may not be able to hear the case yet. Once a state enters a custody order, that state usually keeps authority to change it while a parent or the child still lives there.
Changing a custody order later
A custody order is not permanent in the everyday sense. Under G.S. 50-13.7, either parent can ask the court to modify custody. The parent asking for the change must show a substantial change in circumstances that affects the welfare of the child, and that the change requested is in the child’s best interest. Common examples include a planned move, a change in a parent’s work schedule, school problems, or new safety concerns. If a move is the issue, see moving out of state with a child after divorce in North Carolina.
Custody, child support and divorce are separate claims
Custody does not depend on a divorce. Parents who never married, or who are separated but not yet divorced, can file for custody right away. Child support is also a separate claim, although the schedule in the custody order affects the support worksheet. For the related topics, read how child support works in North Carolina and how divorce works in North Carolina.
What to gather before you file or respond
- Any existing custody order, parenting agreement or protective order, from any state
- The addresses where the child has lived for the past five years, and who lived there
- School, daycare and medical records that show who handles day-to-day care
- Texts and emails about the schedule, exchanges and major decisions
- Your work schedule and the child care you will rely on
- Court papers you were served, with every hearing or mediation date marked
Deadlines matter. A parent who is served with a custody complaint generally has 30 days to file an answer, and missing a mediation session or hearing can lead to an order entered without your input. For an overview of how our family team works, visit our North Carolina child custody page.
More questions about North Carolina custody cases
Is custody mediation required in North Carolina?
In most contested custody cases, yes. G.S. 50-13.1 requires the parties to attend the court’s custody mediation program before a hearing, unless the judge waives it for good cause such as domestic violence, substance abuse or a great distance between the parents.
How long does a parent have to live in North Carolina before filing for custody?
For a first custody case, North Carolina is usually the right state if the child has lived here with a parent for at least six consecutive months before filing. That is the home-state rule in Chapter 50A, the Uniform Child-Custody Jurisdiction and Enforcement Act.
Can a custody order be changed?
Yes. Under G.S. 50-13.7, a court can modify custody when there has been a substantial change in circumstances that affects the child’s welfare and the change is in the child’s best interest.
Talk with Martine Law about child custody
Martine Law handles child custody matters across North Carolina. Call to set up your 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. $50 consultation with our Director of Client Engagement. Full refund if you’re not satisfied, for any reason.