How custody is decided in North Carolina
North Carolina courts decide custody based on the best interests of the child. There is no presumption favoring mothers or fathers. Custody has two parts: legal custody, which is the authority to make major decisions about a child's health, education, and welfare, and physical custody, which is where the child lives and the parenting schedule.
Custody by agreement or by court
Many families resolve custody through a parenting agreement, which can be incorporated into a court order. When parents cannot agree, the court decides after considering the evidence about each home and each parent's involvement.
In Guilford County, parents in a contested custody case are generally required to attend custody mediation before a judge hears the dispute.
What the court weighs
The court considers many factors about the child's well-being, including:
- Each parent's relationship with and care of the child
- The stability of each home
- Each parent's ability to meet the child's needs
- The child's school and community ties
- Any history of domestic violence or substance abuse
- The willingness of each parent to support the child's relationship with the other
Changing a custody order
A custody order can be modified when there has been a substantial change in circumstances affecting the child, and a change would serve the child's best interests. Mr. Bet also handles modification and enforcement of existing orders.
How Mr. Bet helps
Mr. Bet helps parents build a workable parenting plan and advocates for an arrangement that protects the child and the parent's relationship with them. Call 336-786-9900.
Common questions
Does North Carolina favor mothers in custody cases?
No. Custody is decided by the best interests of the child, with no presumption favoring either parent.
What is the difference between legal and physical custody?
Legal custody is the authority to make major decisions about a child's health, education, and welfare. Physical custody is where the child lives and the parenting schedule. Either can be shared or held by one parent.
Is mediation required for custody in Guilford County?
In contested custody cases, North Carolina generally requires parents to attend custody mediation before a judge decides the dispute.