Every state in the U.S. has enacted laws requiring high standards for determining child custody after a divorce, and NC child custody laws are consistent in making the best interests of the child their top priority. In most cases, if the parents can come to an agreement about child custody on their own, the court will examine that agreement and approve it. If they find any elements of concern that do not meet North Carolina standards, they will adjust the terms of the agreement. If the couple cannot come to their own agreement concerning child custody, the court must examine the parents and their living situations carefully before making the final child custody decision.
North Carolina Child Custody Laws
When North Carolina parents divorce, they must include child custody decisions as part of their divorce agreement. There are several options for determining child custody once the parents break up and live apart, and courts have a number of guiding principles to help parents make those decisions on their own, if possible. The options include:
- Physical custody – providing a primary home for the child. One parent may have sole custody with visitation for the other, or the parents may share joint custody equally.
- Legal custody – taking responsibility for making decisions about the child’s schooling, religion, medical care, and more. One parent may have sole legal custody, or both parents can share joint legal custody.
If parents can come to an agreement about these custody issues, the court will often approve and issue child custody orders to reinforce that agreement. However, if the parents disagree, the court may be required to make the decision. In that case, the parents often retain child support attorneys to help them present their case in court. Once both sides have been heard and investigated, the judge will determine child custody and issue those orders.
There are general principles upon which child custody cases are decided throughout the country, which include:
- The child’s health, age, and sex
- The parents’ physical and mental health
- The parents’ lifestyle (including such influences as smoking, alcohol or drug abuse, child abuse or domestic violence)
- The emotional bond between the child and their parents
- The ability of the parents to reinforce the child’s relationship with the other parent
- The parents’ ability to provide housing, food, clothing, and medical care for the child
- The parents’ ability to maintain the child’s established living patterns (including school, community, religious practices, home routines, and more)
- The child’s preferences, if the child is considered mature enough to provide a mature and relevant preference
In addition to those general principles, judges in North Carolina must follow some specific guidelines, which include:
- The best interests of the child
- Any domestic violence between the parents
- The safety of the child
- Equal consideration between the parents
Getting Legal Help with Child Custody in North Carolina
Courts and families should always seek to assist parents in creating their own child custody agreement without requiring the intervention of a judge. However, when that is not possible, parents may need the help of a child custody attorney to help them present their case for custody in court. Courts generally do a thorough investigation of both parents, their homes and income, and the standard of living the child experienced during the marriage. Parents who do not have an advocate to protect their rights and ensure that their side is well represented in court may lose such a battle without putting up a serious fight.
