The 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.
How NC 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 of these factors and that support the determination of what is in the best interest 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.
Types of custody arrangements
Joint custody to the parents shall be considered upon the request of either parent.
A custody order may grant joint custody to the parents, exclusive custody to one person, agency, organization, or institution, or 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.
Domestic violence and custody orders
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.
Other terms a custody order may include
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 order may provide visitation rights for any grandparent of the child as the court, in its discretion, deems appropriate.
A custody 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.
A custody order may provide for visitation rights by electronic communication, and in granting such visitation the court shall consider whether electronic communication is in the best interest of the minor child.
Electronic communication may not be used as a replacement or substitution for custody or visitation.
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.
Source: G.S. 50-13.2(b), (b1), (b2), (e), (f)
How child support is calculated
The father and mother shall be primarily liable for the support of a minor child.
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.
The court shall determine the amount of child support payments by applying the presumptive guidelines established pursuant to G.S. 50-13.4(c1).
When support ends and how it is enforced
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.
An order for the periodic payment of child support is enforceable by proceedings for civil contempt, and disobedience may be punished by proceedings for criminal contempt.
Source: G.S. 50-13.4(c), (f)(9)
Questions people ask about North Carolina divorce custody and support
Does one parent automatically get custody in NC?
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.
What does the court look at when deciding 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 of these factors and that support the determination of what is in the best interest of the child.
Can parents share custody after a NC divorce?
A custody order may grant joint custody to the parents, exclusive custody to one person, agency, organization, or institution, or 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.
How does a history of domestic violence affect custody?
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.
How does NC set the child support amount?
The father and mother shall be primarily liable for the support of a minor child. The court shall determine the amount of child support payments by applying the presumptive guidelines established pursuant to G.S. 50-13.4(c1).
How long does child support last in NC?
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.
What happens if a parent does not pay child support?
An order for the periodic payment of child support is enforceable by proceedings for civil contempt, and disobedience may be punished by proceedings for criminal contempt.
Can a parent in the military lose custody because of 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.
Talk with Martine Law about North Carolina divorce
Acting early gives parents a clearer picture of their options, and Martine Law handles custody and support 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.