A Parent’s Guide to North Carolina Child Custody
Protecting Your Rights and Your Child’s Future
Nothing is more important than your relationship with your child.
This guide explains North Carolina’s custody laws in plain language, covering everything from mediation to modification.
Contact our experienced attorneys to understand all your rights and options and to begin fighting for your best possible outcome.
The North Carolina Child Custody Process: An Overview
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For parents, anything involving their children is deeply personal. When a legal process like child custody is involved, it can be an incredibly stressful and emotional time. In North Carolina, if parents cannot reach an agreement on their own, the decision will ultimately be made by a judge whose sole focus is the “best interest of the child.” Understanding the path ahead—from filing a complaint to mediation and potential court appearances—is the first step toward reducing uncertainty and protecting your family’s future.
Experienced Representation in Winston-Salem
Why Clients Choose Dummit Fradin for Their Child Custody Case
Understanding the law is only the first step. Successfully navigating the system requires experience, strategy, and a dedicated advocate. For over 30 years, families across North Carolina have trusted our firm because:
- We are Strategic Litigators: While we always pursue amicable resolutions through mediation first, our attorneys are seasoned trial lawyers who are always prepared to fight for you in the courtroom.
- We Handle Complex Cases: We have extensive experience with high-conflict custody disputes, cases involving allegations of an unfit parent, emergency custody orders, and interstate jurisdiction challenges.
- We Are Your Partners: We know this is an emotional and difficult time. We listen to your goals, provide clear and honest counsel, and guide you through every step of the process with compassion and strength.
Read What Our Clients Say:
From the first consultation to the final order, their guidance was invaluable. They are incredibly knowledgeable about North Carolina family law and were always prepared. I highly recommend them to any parent facing a difficult custody situation.
I was overwhelmed and scared about my custody case. The team at Dummit Fradin was compassionate and professional, and they fought for me every step of the way. They gave me clarity and a voice when I needed it most. I couldn’t have asked for better advocates for my family.
Frequently Asked Questions About NC Child Custody:
No. North Carolina law is explicitly gender neutral. There is no automatic preference for either the mother or the father. The court must decide based solely on the facts of the case and what is in the “best interest of the child.” Factors like who has been the primary caregiver, each parent’s living situation, and their ability to provide a stable environment are what matter, not gender.
There is no specific age in North Carolina at which a child can legally decide where they live. A judge may listen to the preference of a child who is deemed to be of sufficient age and maturity to express a reasoned opinion. However, the child’s wish is only one of many factors the court will consider and is never the sole determining factor.
Not always. In fact, most custody cases are settled outside of court. Parents are strongly encouraged to reach a mutual agreement through direct negotiation, collaboration between attorneys, or the mandatory mediation process. If an agreement is reached, it can be formalized into a legally binding “Consent Order” without the need for a trial. Litigation is a last resort when parents cannot agree.
The cost of a child custody case varies significantly based on the unique circumstances of each family. The primary factor is the level of conflict involved. Cases where parents can cooperate and reach a mediation agreement are far less expensive than those requiring extensive litigation, multiple court appearances, and expert evaluations. During your confidential consultation, our attorneys will discuss the specifics of your case and provide a clear understanding of the potential costs involved.
Mandatory Mediation: The First Step to an Agreement
In most North Carolina counties, after a lawsuit for child custody has been filed, the parties are required to attend child custody mediation. This confidential process, guided by a neutral, state-provided mediator, gives parents an opportunity to create their own parenting agreement without a prolonged court battle.
Generally speaking, parents should prioritize the child’s welfare and interests to reach an agreement. However, when an agreement can’t be reached, the legal system authorizes a district court judge to decide who should have custody and how much visitation the other parent will have. A skilled child custody attorney is critical in these cases.
When You Must Go to Court
If an agreement cannot be reached in mediation, the legal system authorizes a district court judge to decide custody. The judge will hear evidence and arguments from both sides before issuing a binding court order. A skilled child custody attorney is critical to presenting your case effectively during a trial.
Special Considerations for Military Families
North Carolina law provides special considerations for service members in child custody cases. Under N.C.G.S. § 50-13.2, a court may not use a parent’s past or possible future deployment as the sole basis for determining the best interest of the child. The statute also requires that joint custody be considered if either party requests it.
Furthermore, a judge is authorized to set specific means of electronic communication, such as Zoom or Skype, to ensure a deployed parent has a flexible schedule to maintain access to their children.
Need to know your custody options?
How North Carolina Judges Make Custody Decisions
Key Factors in a Judge’s Custody Decision
In North Carolina, all custody decisions are based on a single guiding principle: what is in the “best interest of the child.” This standard, defined in North Carolina General Statute § 50-13.2, gives judges significant discretion to weigh a variety of factors to determine the best possible living situation for the child.
While it is often better for families to work together to create a parenting agreement, a judge will resolve these issues when necessary. When a case goes to trial, the court will consider many factors, including:
A Comprehensive List of Factors Considered by NC Courts:
- History of physical assaults
- Exposing the child to inappropriate materials or programs
- Illegal drug or excessive alcohol use by either party
- Negative comments made by one parent about the other in the child’s presence
- Each parent’s history of cooperation with visitation and telephone access
- The significance of one parent resisting the other’s involvement in the child’s life
- Methods of discipline used
- A parent involving a child in the legal process
- Expert testimony on the psychiatric condition of the parents
- The criminal record of either parent
- Each parent’s history of involvement in the child’s education
- The significance of a parent voluntarily providing financial support
- The presence of an overnight companion while the child is in a parent’s care
- The availability of a forensic custody evaluation
- Testimony from other adults active in the child’s life, such as grandparents or step-parents
- The employment record and stability of each parent
Clarification of Child Custody Terms
Understanding Legal vs. Physical Custody
In North Carolina, the court separates custody into two distinct categories. Understanding the difference is crucial because a judge may award them differently based on your family’s unique circumstances.
- Legal Custody gives a parent the power to make critical decisions that shape a child’s future. This includes guiding their education, making healthcare choices, and determining their religious upbringing.
- Physical Custody determines the home where the child will primarily live and which parent is responsible for their day-to-day care and supervision.
What This Means For Your Case
It is common for North Carolina courts to grant joint legal custody to both parents, encouraging shared decision-making. However, physical custody can range from one parent having the child the majority of the time (primary physical custody) to a more evenly divided schedule. Our attorneys can help you pursue an arrangement that protects your parental rights and serves your child’s best interests.
Forms of Visitation in NC
When one parent has primary physical custody, the other parent is granted visitation rights. This visitation can take two primary forms, depending on the family’s circumstances and the parents’ ability to cooperate.
- Reasonable Visitation: If a non-custodial parent is granted “reasonable visitation,” the schedule is not detailed by the court but is instead left to the parents to agree upon. This provides flexibility but requires an amicable and cooperative relationship.
- Structured Visitation: This involves a detailed, court-ordered schedule for child visitation. A structured schedule may include alternating weekends and holidays, specific weeks during the summer, or any other arrangement the judge finds to be in the child’s best interest.
Life After the Order: Modifications and Relocation
How to Modify a North Carolina Custody Order
Once a child custody order is entered by the court, it is legally binding. The only way to change it is by filing a Motion to Modify Custody. To be successful, the parent filing the motion must provide evidence that there has been a substantial change in circumstances affecting the child’s welfare since the last order was entered. The change must be significant enough to warrant a modification of the existing custody arrangement.
If the original order was created through a mediated agreement, you may be required to return to mediation to attempt to resolve the modification request. We recommend consulting with an experienced child custody attorney to understand the options available to you.
Relocating with Your Child
What happens if you have a custody order and want to move to another city or state? Relocating with a child often requires a modification of your existing custody order, and it’s critical to follow the proper legal procedures. Our attorneys can guide you through the complexities of North Carolina’s relocation laws.
Schedule Your Confidential Consultation Today
Your family’s future is too important to leave to chance. Our experienced child custody lawyers are here to help protect your parental rights and guide you through this difficult time. Call (336) 962-7221 or fill out the form below to get started.