top of page

Understanding Child Custody Determinations: A North Carolina Perspective

In the intricate and often emotionally charged realm of family law, child custody stands out as one of the most critical issues. It's a topic that affects countless families each year. In fact, according to the U.S. Census Bureau, about 14.4 million parents were separated or divorced from the other parent of their minor children in the United States in 2018 alone.

Father and son playing in dirt

At PEL, we understand the gravity of these situations. Our primary concern is always the best interest of the child, a principle that is also the cornerstone of North Carolina's approach to child custody. Below, we aim to provide an in-depth understanding of how child custody is determined in North Carolina, the factors that the court considers, and the crucial role of mediation in the process. Our goal is to equip you with the knowledge you need to navigate this challenging terrain with confidence and clarity.


What is Child Custody?


Child custody refers to the legal responsibilities and rights a parent has toward their child. It's divided into two main types: physical custody, which pertains to where the child lives, and legal custody, which involves making important decisions about the child's upbringing, including education, healthcare, and religious instruction. Parents can either share these responsibilities (joint custody) or one parent may have sole custody. In North Carolina, joint custody is encouraged to ensure the child maintains a strong relationship with both parents, but the final decision always rests on what's best for the child.


The Child's Best Interests Standard


At the heart of every child custody decision is the "best interests of the child" standard. This principle guides the court in determining custody arrangements that will most benefit the child. It's a subjective standard, meaning it varies from case to case, based on a multitude of factors. Interestingly, North Carolina law doesn't provide a specific list of factors for determining the child's best interests, giving judges the discretion to consider any relevant factors.


Factors Considered by North Carolina Courts


In North Carolina, the courts consider several factors to determine what's in the child's best interests. These include the child's age and physical and mental health, the parents' age and physical and mental health, the relationship between each parent and the child, and the parents' ability to provide for the child's needs. The court also takes into account any history of domestic violence and, in some cases, the child's preference, if they're of a suitable age and discretion. For instance, while there's no specific age at which a child's preference is considered, courts generally give more weight to the preferences of older, more mature children.



The Role of Mediation in North Carolina


North Carolina courts encourage parents to resolve custody issues through mediation, a process where a neutral third party helps the parents reach an agreement. Mediation can be less adversarial and stressful than court proceedings, and it allows parents to have more control over the outcome. Plus, it often results in more sustainable arrangements since both parents have a hand in crafting the agreement. In fact, North Carolina law requires parents to attend a custody mediation orientation and at least one mediation session before a custody trial can take place.


The Impact of Parental Conduct and Lifestyle


A parent's conduct and lifestyle can significantly impact custody decisions. For instance, a history of substance abuse, criminal activity, or behavior that endangers the child can sway the court's decision. In North Carolina, the court will consider any act of a parent that may affect the child's physical or emotional health and development. This includes considering the moral conduct of the parents, although it's important to note that moral conduct is only relevant if it impacts the child's welfare.




Understanding how child custody is determined can help parents navigate this complex process with more confidence and less stress. Remember, the guiding principle is always the child's best interests. If you're facing a custody dispute, reach out today to better understand your rights and responsibilities.


27 views0 comments

Comments


bottom of page