A custody case decides who makes major decisions for a child and how the child’s time is divided between households. Shane Kennedy Law helps parents reach agreements, prepare for mediation, and present their case in court when agreement is not possible. This guide explains how North Carolina courts approach those decisions, in plain English.
The standard: the best interest of the child
Under N.C.G.S. § 50-13.2, custody goes to the person or persons who will best promote the interest and welfare of the child. The judge looks at the whole picture of the child’s life, not a checklist. The statute also says that, between the mother and father, no presumption applies. North Carolina does not automatically prefer mothers, fathers, the parent who filed first, or the parent who earns more.
Legal custody and physical custody
- Legal custody — authority over major decisions such as schooling, non-emergency medical care, and religion
- Physical custody — where the child lives and the parenting-time schedule
Either can be joint or sole. A common arrangement is joint legal custody with one parent having primary physical custody and the other secondary (visitation); other families share time more equally. The court must consider joint custody if either parent requests it. The schedule also affects support; see how child support is calculated in North Carolina.
Factors courts commonly weigh
- Each parent’s involvement in day-to-day care, school, and medical needs
- Stability — housing, work schedules, routines, and school continuity
- The child’s needs — age, health, education, and family relationships
- Safety — including domestic violence, which the statute specifically directs courts to consider
- Co-parenting — each parent’s willingness to communicate, follow the schedule, and support the child’s relationship with the other parent
- The child’s preference — considered according to the child’s maturity, but not controlling
There is no set age at which a child chooses. Pressuring a child to pick a side usually hurts a parent’s case.
Custody mediation comes first
When custody is contested in district court, parents are generally required to attend custody mediation before trial (N.C.G.S. § 50-13.1). A neutral mediator helps the parents build a parenting agreement, which can become a court order. The mediator does not decide the case, and the court can waive mediation for good cause, such as domestic violence. Coming prepared with a proposed schedule, holiday plan, and exchange arrangements makes mediation more productive.
Temporary and permanent orders
A temporary order can set a schedule while the case is pending; emergency orders are available only in narrow situations involving serious risk to the child. A permanent order follows a full hearing or agreement. Temporary arrangements can shape what feels “normal” for a child, so they deserve careful attention.
Changing a custody order
Under N.C.G.S. § 50-13.7, an order can be modified when there has been a substantial change in circumstances affecting the child’s welfare and the change serves the child’s best interest. Relocation, new safety concerns, or a shift in the child’s needs are examples. Disliking the schedule is usually not enough. Until a new order is entered, follow the existing one.
When to call
Call (910) 296-1250 if you have been served with custody papers, need to establish custody, have mediation coming up, or think an order should change. Kenansville office hours: Mon–Thu 8:30–5, Fri 8:30–2. Or use the contact form, and see our child custody page.
Frequently asked questions
Do North Carolina courts favor mothers over fathers?
No. NC law applies no presumption between the mother and father. The decision turns on the child’s best interest.
At what age can a child choose which parent to live with?
There is no set age. A judge may consider a mature child’s wishes, but the preference does not control the outcome.
Is custody mediation required in NC?
Generally yes, before a contested custody case goes to trial in district court. The court may waive it for good cause, such as domestic violence.
Can a custody order be changed?
Yes, if there has been a substantial change in circumstances affecting the child’s welfare and the change is in the child’s best interest.
Attorney advertising. This page is general information about North Carolina law, not legal advice for your specific case. Reading it does not create an attorney-client relationship. Laws and local practices change; discuss your facts with counsel before acting.