Child Custody

The following are frequently asked questions about child custody in North Carolina.

How is child custody determined?

In North Carolina, preference is not given to either parent in resolving custody issues. Child custody will be determined based on what the court finds to be in the best interest of the child.

The judge will consider all relevant factors including: parental stability, parental involvement in the child’s life, care for the child, the parent’s ability to provide for the child, living situation, and more.

Many couples are able to reach an agreement with regard to custody and visitation without having to submit this issue to the court.

What is the difference between joint custody and sole custody?

Joint physical custody is where the parents share physical custody. Sole physical custody is where one spouse has physical custody of the children for a longer period of time.

This should be distinguished from legal custody which has to do with the parties ability to make important decisions for the child. When the parties have joint legal custody both have equal decision-making authority in matters related to education, medical, etc. When the parents have joint legal custody they must reach an agreement on parenting decisions.

Depending on the circumstances, one parent can have both physical and legal custody. Apparently also have physical custody without legal custody.

Does the child have any say in custody?

This is at the sole discretion of the judge. There is not a set age at which the wishes of the children are considered.

Do grandparents have visitation or custody rights?

A judge may order visitation for grandparents as part of an overall custody order if the judge believes it to be in the best interest of the children. Typically, for grandparents to get custody of children they must be able to prove that both parents are unfit in some way.

Do I have to allow visitation if I’m not receiving child-support payments?

Visitation and child support are two separate issues. Visitation should not be withheld on the basis of child-support payments nor should payments be withheld on the basis of refusal to allow visitation.

Can my spouse move out of state with our children?

Absent a custody order or pending custody case, there is nothing preventing a parent from taking a child out of state. However, a parent may not take a child out of state with the intention of violating a court order.