North Carolina Visitation Rights
In North Carolina, visitation rights are part of the broader child custody framework and are decided based on the best interests of the child. The state recognizes physical custody (where the child lives) and legal custody (who makes major decisions about the child’s life). It favors joint custody arrangements when appropriate. If one parent has sole custody of a child, the non-custodial parent is typically granted visitation rights and parenting time to maintain a meaningful relationship with the child. Co-parenting, joint legal custody, and joint physical custody are encouraged so both parents can retain equal access to the child’s health, welfare, and education information unless a court orders otherwise. Courts may also grant grandparents visitation in certain circumstances, all under statutes focused on the welfare of the child.
North Carolina laws regarding visitation rights aim to provide a supportive environment that prioritizes the child’s well-being. If parents cannot agree on an arrangement, the court will establish a custody agreement that outlines each parent’s rights and responsibilities. This article will examine and explain the visitation laws in the state of North Carolina.
Custody and Visitation Rights in North Carolina
In North Carolina, custody and visitation rights are determined with the primary goal of serving the best interests of the child. The state recognizes both physical custody and legal custody. Physical custody determines where the child primarily resides. Legal custody involves decision-making authority over major aspects of the child’s life.
North Carolina encourages joint custody arrangements. This includes joint legal custody for making major decisions and joint physical custody for sharing parenting time.
When one parent is awarded sole custody of a child, the non-custodial parent is granted visitation rights. This ensures both parents’ continued involvement in the child’s life. Co-parenting is encouraged to foster a supportive environment that prioritizes the child’s well-being. If parents cannot agree on an arrangement, the court will establish a custody agreement that outlines each parent’s rights and responsibilities.
North Carolina Visitation Laws: Summary
Even though it’s important to read the actual statute when looking for answers to a legal question, it can also be beneficial to read a summary of the statute in plain English. The following chart provides a summary of North Carolina visitation rights and links to relevant statutes.
North Carolina Visitation Rights Statute(s) |
North Carolina General Statutes |
|---|---|
Determining Visitation Rights in North Carolina |
Child custody orders include visitation. Visitation is based on how best to promote the interest and welfare of the child. Regardless of the visitation schedule, each parent has equal access to the child’s health, welfare, and education (unless there’s a court order to the contrary). A custody order, including visitation, may have a condition that requires either or both parents to abstain from consuming alcohol. It may also require the parent(s) to submit to a continuous alcohol monitoring system. Failure to comply with such a condition can result in civil or criminal contempt. |
Visitation via Electronic Communication in North Carolina |
A custody order may include visitation rights via electronic communication (i.e. phone, e-mail, instant messaging, video chat, etc.). When deciding to grant such rights, the court considers the following factors:
Electronic communication may be used to supplement visitation with the child, but not as a replacement for custody or visitation. It can’t be used as a factor in calculating child support or to justify the relocation of the custodial parent. |
Visitation Rights for Grandparents in North Carolina |
At the court’s discretion, a child custody order can include grandparent visitation rights. A grandparent includes the biological grandparent of a child who is adopted by a stepparent or a relative of the child, as long as there’s a "substantial relationship" between the child and grandparent. A biological grandparent isn’t entitled to visitation rights if a child has been adopted and both of the child’s biological parents have terminated their parental rights. |
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 Visitation Rights: Related Resources
If you’d like more information related to this topic, you can visit the links below:
- North Carolina Child Custody Laws
- North Carolina Child Support Guidelines
- North Carolina Child Support Enforcement
- North Carolina Family Laws
Questions About North Carolina Visitation Rights? Contact an Attorney
Divorce is often a difficult process. Emotions can run high, making it hard to communicate with your soon-to-be ex. This is especially true in terms of child custody. If you’d like to learn more about your child custody case or would like help with any aspect of visitation rights or child support, it’s best to contact an experienced family law attorney for legal advice.
Can I Solve This on My Own or Do I Need an Attorney?
- Custody & child visitation cases are emotional, and a lawyer can seek the best outcome
- A lawyer can help protect your children’s interests
- Lawyers can seek to secure visitation rights
Get tailored advice and ask a lawyer questions. Many attorneys offer free consultations.
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