Child Custody Laws in North Carolina: What Parents Need to Know
Custody disputes can be stressful for families. Parents want to protect their rights while making the best decisions for their children. North Carolina courts base custody decisions on what benefits the child the most. Knowing how these cases are handled can help parents prepare for the process.
Types of Child Custody in North Carolina
Custody falls into two main categories:
1. Legal Custody
Legal custody refers to the authority to make major decisions about a child's upbringing, such as education, healthcare, and religious matters. Courts may grant joint legal custody, where both parents share decision-making responsibilities, or sole legal custody, where only one parent has this authority.
2. Physical Custody
Physical custody determines where the child primarily lives. Courts may order joint physical custody, where the child spends substantial time with both parents, or sole physical custody, where the child primarily resides with one parent while the other has visitation rights.
How North Carolina Courts Decide Custody
When parents do not agree on a custody arrangement, a judge will make the decision based on what benefits the child the most. Several factors influence the outcome, including:
The child’s relationship with each parent
Each parent’s ability to provide a stable home
The child’s emotional, educational, and medical needs
Each parent’s work schedule and availability
Any history of domestic violence or substance abuse
The child’s preference (depending on age and maturity)
There is no automatic preference for either parent. The court evaluates the facts to determine what serves the child’s needs best.
Common Custody Arrangements
Some custody arrangements that courts often establish include:
Joint Legal & Joint Physical Custody – The child spends substantial time with both parents, and both share decision-making authority.
Joint Legal & Sole Physical Custody – One parent has primary physical custody, but both share responsibility for major decisions.
Sole Legal & Sole Physical Custody – One parent has full decision-making authority and primary physical custody, while the other may have visitation.
Split Custody – In cases with multiple children, one child may live with one parent while another resides with the other parent (though this is less common).
Can Custody Orders Be Changed?
Yes, but the parent requesting a modification must show that significant changes in circumstances have occurred. Common reasons for modifying custody include:
A parent relocating to another state
A change in a parent's work schedule that affects availability
Concerns about a child’s safety or well-being
A major shift in the child’s needs or preferences
What About Visitation Rights?
If one parent is granted sole physical custody, the other parent typically has visitation rights unless the court finds a reason to restrict them. Visitation may include:
Standard Visitation Schedule – Regular weekends and holidays with the non-custodial parent.
Supervised Visitation – A neutral third party must be present due to safety concerns.
Virtual Visitation – Courts may allow video calls or phone contact as part of a parenting plan.
Why Legal Guidance Matters in Custody Cases
Custody disputes can be difficult to manage alone. A family law attorney can assist by:
✔ Explaining legal rights and available options
✔ Helping negotiate a custody agreement outside of court
✔ Representing parents in court if a dispute arises
✔ Assisting with modifications when necessary
At Doby & Griffis Law, we help parents manage child custody matters and work toward solutions that serve the child’s best interests.
Legal Disclaimer
This blog post is for informational purposes only and does not constitute legal advice. Every case is unique, and you should consult an attorney to discuss your specific situation.
