Reaching a child custody agreement can be challenging when parents have significantly different ideas about what the agreement should entail. The most difficult cases may end up in court with a judge making the final determination.
Mothers and fathers have equal custody rights in North Carolina. The state’s custody guidelines require judges to consider what is in the best interests of the child, and not let a parent’s gender factor into the decision. There are no presumptions and all custody rulings are made on a case-by-case basis.
Best Interests Doctrine
The North Carolina General Assembly removed any presumption in favor of either parent in 1977. The best interest of the child standard was adopted. Prior to then, the Tender Years Doctrine prevailed giving a preference to mothers.
North Carolina law states the following:
“In making the determination, the court shall consider all relevant factors including acts of domestic violence between the parties, the safety of the child, and the safety of either party from domestic violence by the other party. An order for custody must include written findings of fact that reflect the consideration of each of these factors and that support the determination of what is in the best interest of the child. Between the parents, whether natural or adoptive, no presumption shall apply as to who will better promote the interest and welfare of the child. Joint custody to the parents shall be considered upon the request of either parent.”
Factors in North Carolina Custody Decisions
When a custody dispute comes before a judge, that person has considerable discretion in how they rule. The court considers all relevant factors.
The judge will evaluate the following facets:
- Each parent’s ability to care for the child
- The living arrangements of each parent
- The child’s relationship with each parent
Older, more mature minor children can speak with a judge about their preferences. Judges do not have to order what the child wants.
The Tarheel State also allows for grandparent visitation rights.
Joint vs. Sole Custody
Judges have the authority to award sole or joint custody for where the child lives and who has the authority to make decisions on their behalf. Physical custody refers to where the child resides. Legal custody refers to decision-making power. Any custody decision will address physical and legal custody as well as visitation for the noncustodial parent.
A joint custody ruling does not necessarily mean that time or authority is split evenly, 50-50, between the parents. Some states have passed laws that presume 50-50 custody unless demonstrated otherwise. North Carolina does not have a joint child custody presumption, but that could change.
The bipartisan House Bill 186, introduced in March 2021, would presume joint custody and shared parenting are in the best interests of the child. The presumption would be rebuttable, meaning evidence can be presented to convince a judge that equal parenting should be denied. Whether this bill ever becomes law is yet to be seen. A similar bill died in committee in 2015.
In North Carolina, 50-50 physical custody is uncommon but happens. One parent usually has the child most of the time and is considered the primary custodian. The other parent has the children every other weekend and on certain holidays. True 50-50 arrangements are possible with each parent often having the children every other week.
Legal custody is another matter. Parents typically share in decision-making about education, religious training, health care, and other issues impacting their children.
Both Parents Have the Right to Seek Custody
Parents, including in same-sex relationships, have equal rights to seek custody in North Carolina. Contact Jetton & Meredith if you need an experienced attorney to negotiate a child custody agreement in Charlotte and the surrounding area. Our team also has extensive experience in bringing custody cases to court.
Schedule a consultation by calling (704) 931-5535 or contacting us online.