Child Custody
North Carolina custody laws require the court to award custody of a minor child to such person, agency, organization, or institution as will best promote the interests and welfare of the minor child. In addition, the court is not required to find that one parent is unfit. Thus, the minor child will be placed in the environment that best promotes the development of such child’s mental, physical, spiritual and moral faculties.
The judge’s decision will be made based on conditions that exist at the time the judgment is entered with due consideration given to the past and prospective custodial environment. In addition, many other factors will have an impact on the decision such as: the true reason a parent seeks custody, the special needs of the child (if any), the daily schedule of each parent, the flexibility of work schedules of each parent, the amount of free time spent with the child by each parent, affects on the continued religious training and instruction, disciplinary measures utilized by each parent, misconduct or bad character of a parent, a parent’s good conduct, and if the court considers the child to be of suitable age, mature and articulate, the court will consider the preference of the child.
Generally it is the natural mother and natural father who have the rights to custody of their minor child. However, North Carolina law also provides for the ability of grandparents or other interested third parties to assert custodial rights in certain circumstances.
Prior to the time that an agreement for the custody of the minor child is executed or a court order is entered the natural mother and natural father may find the laws to be very confusing and may be unsure as to their rights. The best thing that either parent can do for the child is to act in the child’s best interest. If a situation arises where there exists a risk that one parent will flee the jurisdiction of North Carolina for the purpose of evading the jurisdiction or that one parent will commit physical bodily harm or sexual abuse to the minor child then an emergency order may be obtained which will be entered for the sake of protecting the child from harm.
It is very difficult to determine what different terms used to describe a custodial arrangement mean. Words such as joint custody, legal custody, primary custody, and visitation have been confusing parents and tend to cause a great deal of unnecessary stress and disagreement. Simply put there are two types of custody: legal and physical. A common arrangement gives both parents joint legal custody with one parent having primary physical custody and the other parent having secondary physical custody for the purpose of visitation.
Marshall & Taylor will explain all of the terms and conditions surrounding child custody and support, and will develop an arrangement that is best for you and your children.
Learn More About Our Child Custody Services:
Visitation Rights
Sole Custody
Joint Custody
Primary Physical Custody
Secondary Physical Custody
Child Custody Forms
North Carolina has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which uses the guiding principle in all custody or custody modification cases that custody will be granted to the parent, person, or institution who in the opinion of the judge promotes the best interests of the minor child(ren). If there is a dispute between a parent and a non-parent, there is a presumption with the court that the parent will prevail, unless the court finds that the parent is unfit, neglected the child(ren), or engaged in conduct inconsistent with the parental status. Therefore, a parent’s past conduct is an important factor in a child custody hearing.
There are two aspects that make-up child custody - physical and legal custody. Physical means where and with who(m) the minor child(ren) will actually physically reside or live with. Legal means the joint decision-making authority of the parents over the minor child(ren) welfare, for instance, input in major areas like education, medical treatment, religion, etc. Child custody is modifiable upon a showing of substantial change in circumstances that affect the welfare of the child.
Any parent, person, or agency who(m) has or is seeking custody of a minor child(ren) can bring an action for child support until that child(ren) reaches the age of majority, which in North Carolina is 18. Child support is financial support used to meet the reasonable needs of the minor child(ren) concerning, health, education, maintenance, accustomed standard of living, child care, contributions by a homemaker, and other additional factors. Both parents are primarily liable for support of the minor child(ren). The court will take into account the parties individual ability to pay. The purpose of child support is to try to maintain the needs of the minor child(ren) as they were prior to divorce.