North Carolina Child Custody Process

When a romantic relationship ends, those involved have important decisions to make. Perhaps no issue is more emotionally charged or difficult than deciding a child’s custody and preserving parental rights. This article provides a brief overview of North Carolina’s child custody process.

Types of Custody

In North Carolina, child custody laws encompass several types of custody arrangements tailored to the child’s best interests. These arrangements include joint legal custody, where both parents share the authority to make major decisions regarding the child’s upbringing, and joint physical custody, where the child resides with each parent for significant periods. Sole legal custody grants one parent exclusive decision-making authority. Sole physical custody gives one parent primary custody and this is with whom the child resides. A non-custodial parent does not have primary physical custody of the child but may have visitation rights and be involved in joint legal custody, sharing decision-making responsibilities about the child’s upbringing. The non-custodial parent often pays child support to contribute to the child’s financial needs, while maintaining a relationship with the child through a visitation schedule.

North Carolina courts carefully consider factors such as the child’s relationship with each parent, safety, and well-being, when determining custody arrangements. Ultimately, the goal is to ensure that the best interests of the child are served, whether through joint or sole custody arrangements.

Permanent custody in North Carolina refers to a long-term custody arrangement that remains in effect until modified or the child becomes an adult.

North Carolina’s Child Custody Process

North Carolina has adopted federal statutes to standardize child custody cases. North Carolina follows the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA), which helps to minimize interstate custody conflicts. The UCCJEA determines which state court has authority in custody cases and enforces home state custody orders across state lines to promote consistency for child custody disputes involving parents in different states. It has also enacted state-specific laws for determining custody of the child when voluntary custody agreements between parents are not possible outside of court.

Any party claiming child custody rights may file a custody complaint, which may lead to a custody trial if resolution through mediation is not possible. However, rather than hearing arguments, North Carolina courts will first schedule the custody issue for custody mediation (unless there is a reason to waive it). Causes for a waiver may include:

• Drug or alcohol abuse allegations

• Domestic violence or a restraining order

• Undue hardship on either party

If mediation proves successful and the parties reach an agreement, the court typically ratifies it as a court order governing child custody. However, if mediation fails to produce an agreement, the court will conduct a custody evaluation and make a determination based on the best interests of the child.

North Carolina Child Custody Awards

Courts fashion custody awards promoting the welfare and best interest of the child at issue. Any child custody order must include written findings of fact to show the court’s consideration of each factor in support of its determination.

North Carolina doesn’t presume to favor either parent in child custody cases and aims to provide equal rights to both parents. Additionally, a court may award joint custody, sole custody, or custody to two or more persons if it serves the interest and welfare of the child. Courts also set visitation rights at the time of the award.

North Carolina Custody Laws at a Glance

Seeing a law’s original statutory form can be helpful. However, understanding the meaning of a law is often easier when it’s explained in plain English. The following North Carolina General Statutes (NCGS) provide you with an overview of the child custody process in North Carolina:

• Section 50-13.1 (Action or Proceeding for Custody of a Minor Child)

• Section 50-13.2 (Who Entitled to Custody)

General Child Custody Determination Process

Any party claiming custody rights to a minor child can file an action for custody. When custody is contested, courts will order mediation to resolve custody issues absent good cause. Either party may move to dismiss mediation on prejudicial grounds such as a mediator’s conflict of interest or bias.

Courts will adopt mediated agreements as enforceable orders unless there is good reason not to do so. When mediation doesn’t produce an agreement, courts will award custody that promotes the child’s welfare and best interests.

Good Cause for Waiving Mandatory Mediation

Courts may waive mandatory mediation when they find (or a party shows) that good cause exists. Good cause may include:

• Undue hardship;

• Parties’ agreement for voluntary mediation;

• Child abuse or neglect allegations;

• Allegations of alcoholism, drug abuse, domestic violence, or emotional/psychological problems; or

• Parties residing over 50 miles from the court.

Related Statutes

• Section 50-13.4 (Action for Support of Minor Child)

• Section 50-13.7 (Modification of Order for Child Support or Custody)

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.

North Carolina Child Custody Process: Related Resources

• The Various Types of Child Custody

• North Carolina Child Custody Laws

• Custody and Visitation in Non-Divorce Cases

Get Legal Help with the North Carolina Child Custody Process

Resolving child custody matters can be emotionally and legally challenging, but it’s critical to follow the process correctly. To get legal advice from an experienced family law attorney about your child custody situation, speak with a North Carolina child custody lawyer near you.