How Is Custody Determined in North Carolina?

When parents go through a separation or divorce, one of the most emotionally charged and important issues is child custody. In North Carolina, custody is not automatically awarded to either parent. Instead, courts focus on one central principle: the child’s best interests.

At the Law Office of Stephen E. Robertson, PLLC, we understand how stressful custody matters can be. Whether you’re negotiating parenting time or preparing for a court hearing, knowing how custody is determined in North Carolina can help you navigate the process more confidently.

Types of Custody in North Carolina

It is important to understand that North Carolina law recognizes two main types of custody:

• Legal custody: The authority to make significant choices regarding the child’s life, such as those related to education, healthcare, and religious upbringing. Legal custody may be joint (shared by both parents) or sole (held by a single parent).
• Physical custody: This term refers to the child’s day-to-day living situation. Similar to legal custody, physical custody can be either joint or sole. Courts may also approve a primary/secondary arrangement, where one parent has the child the majority of the time while the other has scheduled visitation.

The “Best Interests of the Child” Standard

North Carolina courts do not show bias towards mothers or fathers. Judges assess multiple factors to decide the custody arrangement that most effectively meets the child’s needs and welfare. These factors can include:

• The child’s connection with every parent
• The ability of each parent to create a stable home environment
• The mental and physical well-being of each parent
• The child’s education needs
• Whether either parent has a history of domestic violence, substance abuse, or neglect
• The child’s preference (if the child is of suitable age and maturity)

No single factor is determinative. Judges are granted broad discretion to weigh these considerations and create a custody arrangement that supports the child’s overall well-being.

Can Parents Make Custody Agreements Themselves?

Yes, and in many cases, this is encouraged. North Carolina courts prefer when parents can reach a mutual agreement through negotiation or mediation. If both parties agree, the custody terms can be included in a Parenting Agreement, which is typically made part of a court order.

What Happens If Custody Goes to Court?

If parents cannot agree on custody, the court will hold a custody hearing. Each parent will present evidence and possibly witness testimony to support their position. The judge will consider all relevant information and issue a custody order based on the child’s best interests.

The court may order the following:

• Joint custody, where both parents share responsibilities
• Primary custody to one parent, with visitation rights to the other
• Supervised visitation if concerns about safety exist

Can Custody Be Modified Later?

Custody orders can be modified. Any parent has the right to request a change if there are significant alterations in circumstances that can impact the child’s well-being, including a parent’s relocation, shifts in work schedules, or issues regarding the child’s safety and health.

Let Us Help You Protect What Matters Most, Contact Us Today

At the Law Office of Stephen E. Robertson, PLLC, we know how deeply personal custody matters are. We take the time to understand your goals, guide you through your options, and advocate fiercely for your parental rights. Whether you’re seeking an initial custody arrangement or need help modifying an existing one, we’re here to stand by your side every step of the way.

If you’re dealing with a custody matter in North Carolina, contact us today to schedule a consultation and get the support you need to protect your relationship with your child.