In North Carolina, child custody is determined by looking at what is in the best interest of the minor child. The court considers a number of factors when making custody decisions, including the child’s age, physical and mental health of the parents and minor child, relationships with each parent, the parents’ living arrangements and ability to provide for the child, the past and current custodial arrangements, and any history of domestic violence or substance abuse.

There are two types of custody in North Carolina: physical custody and legal custody. Physical custody refers to where the child lives, while legal custody refers to the right to make important decisions regarding the child’s upbringing, such as education, healthcare, and religion.

Child custody arrangements can be made through a court order or through a voluntary agreement between the parents, also referred to as a “consent order.” In North Carolina, parents are generally required to go to child custody mediation before going to court. Mediation is the process of working with a mediator to try to come to a resolution before asking a Judge to make the decision. No children or attorneys are allowed at mediation, in hopes that the parties will be more amicable. If there is no agreement at mediation, the case will then go to a Judge for a hearing on child custody on a later date.

North Carolina also recognizes the concept of “joint custody,” which means that both parents share physical and/or legal custody of the child. Joint physical custody means the parents share 50/50 time with the child. Commonly, this is in the form of week on, week off with the child or a child custody schedule such as 2/2/3. Joint legal custody means the parents share in the decision-making power for the child. This means they will both have to agree to medical, educational, and religious decisions. Joint custody is not automatically granted, and the court will use the best interest of the minor child test to make such a decision.

Child custody matters can be complex and involve many nuances that a Wilmington, North Carolina family law lawyer can assist with. It is important to meet with a custody lawyer because each case is different and knowing your rights before trial can greatly impact the results.