Who is Most Likely to be Awarded Custody, the Mother or the Father?

North Carolina has abolished a maternal preference or presumption that custody should be awarded to the mother, despite whether the child is born inside of or out of wedlock. There is no paternal preference either. If both parents are fit and proper people to have custody then the court will look at a variety of factors to determine custody including but not limited to morality, wishes of the child, spiritual well-being (not religion), and domestic violence. The court will render its decision based on the best interests of the children and that could be either the mother or the father depending on the facts of the case.

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