Commonly Asked Questions about NC Custody Laws

When parents divorce, it can be messy and complicated. The North Carolina custody laws are designed to keep the child’s best interests at heart while making it fair for both parents. Divorce can be fragile and requires mediation to resolve custody issues. Understanding the NC custody laws can help you arrange an amicable and fair arrangement for all parties. 

What Are the Different Types of Custody in NC?

North Carolina has two types of child custody: physical and legal. Most people are aware of the physical custody law because it’s more tangible. This custody distinction details where the child lives and spends most of their time. Legal custody refers to parents who have permission to make legal and life decisions for their child. For example, a parent who lives abroad might have legal custody but not physical custody of their child. 

North Carolina’s parenting laws give equal rights to both parents, with no preference to either. Typically, courts grant legal custody to both parents during divorce proceedings. However, if one parent is deemed unfit to make sound decisions for their minor child, legal custody will be granted to the other one. Under the physical custody category, there are two other distinctions: sole custody and joint custody. 

Who Can File for Custody in North Carolina?

Because parents have equal rights, any one of them can file for custody. Under appropriate conditions, non-parents and grandparents who have a relationship with the child can also seek custody or visitation rights. Whether it’s a nominated guardian or a relative, North Carolina’s courts will intervene when custody is given to outside parties. This intervention is solely to ensure the child’s best interests are prioritized. 

Here are a few factors that influence a judge’s decisions about child custody matters:

• The stability of the parents
• Who the minor child wants to stay with
• The home environment and financial background of each parent
• If any parent is involved in the military and risks getting deployed
• History of drug or alcohol abuse, domestic violence and criminal record

Who Pays Child Support if Both Parents Share Custody?

Both parents share equal responsibility for child support; however, certain factors affect the decision. If one parent has primary physical custody, the other parent needs to pay child support, but this obligation only applies if they spend fewer than 123 nights with their child. The primary caregiver is the person paying for food and living costs, so the other parent needs to contribute. Child support payments have to continue until the child finishes school or turns 18. 

If Child Support Is Not Paid as Agreed, Can a Parent Refuse Visitation?

There are two avenues to this answer. One parent cannot deny the non-custodial parent visitation rights, even if they haven’t paid child support. A parent who is denied visitation rights for a host of legal reasons must still pay child support and cannot withhold payments. 

Can a Father Get Primary Custody in NC?

Yes. Because parents have equal custody rights, a father can get primary custody. They can file for full custody if the other parent is unfit to look after their minor child. Fathers need to provide evidence that their environment and financial position is better for the child than the current situation. 

At What Age in NC Can a Child Decide Which Parent to Live With?

There is no minimum age. Because children aren’t emotionally mature, more weight is given to older children’s preferences. 

If you have any questions about child custody laws, parental rights and/or any other aspect of divorce or separation in North Carolina, get in touch with Freedom Law | North Carolina today!