North Carolina Child Custody Laws

North Carolina child custody laws require parents to agree on custody arrangements during separation, focusing on the minor child's best interests to determine custody matters. Legal custody of a child involves major decision-making authority, while physical custody determines where the child lives. Joint custody allows shared co-parenting responsibilities, whereas sole custody grants exclusive parental rights to one parent. In child custody disputes, courts consider factors like domestic violence history, the child's needs, and each parent's ability to provide a stable home. Grandparent visitation rights and the child's preferences for custody agreements are also recognized under these laws.

State child custody laws are fairly similar from one state to the next. All states, except Massachusetts, have adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This law requires states to recognize and enforce court orders made by the child's home state to ensure consistency and prevent jurisdictional conflicts in custody matters.

This article provides a brief overview of child custody laws in the state of North Carolina.

North Carolina Child Custody: At a Glance

Learn more about North Carolina's child custody laws in the chart and summary below. See FindLaw's extensive Child Custody section for additional articles and resources.

Code Section

§ 50-11.2 et seq. of the North Carolina General Statutes

Year Uniform Child Custody Jurisdiction and Enforcement Act Adopted

1999

Joint Custody an Option?

Yes, § 50-13.2

Grandparent Visitation Rights Recognized?

Yes, § 50-13.2(b1)

Child's Own Wishes Considered?

Yes

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

How Custody is Determined

North Carolina courts decide child custody issues based on what they believe to contribute to the best interest and overall welfare of the child. This is called the best interest of the child standard. Some of the factors courts will consider before issuing a child custody order are:

  • History of domestic violence

  • The child's needs and overall safety

  • The child's current living arrangement

  • The child's relationship with each parent

  • Each parent's ability to care for the child

  • Whether each parent can create a stable home for the child

Additionally, the court examines each parent's ability to provide childcare, establish a stable home environment, and actively participate in the child's life when conducting custody evaluations. Visitation schedules, parenting time arrangements, and considerations for supervised visitation may also be established to facilitate the child's well-being and ensure a smooth transition in the event of a substantial change in circumstances.

Have Questions About North Carolina Child Custody Laws? Ask an Attorney

Child custody cases are among the most emotionally difficult to navigate, which is why it's so important to have the steady guidance of a skilled family law attorney. If you have questions or concerns about your North Carolina custody trial, protect your custody rights and contact a local child custody lawyer for legal advice about the child custody process.

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