By Nicholas Presentato, Attorney at Law
In North Carolina, child custody law centers on the best interests of the child. Courts use this standard to decide how custody is established, modified, and enforced. Custody includes both legal custody (decision-making authority) and physical custody (where the child lives and how parenting time is shared).
Types of Custody
North Carolina recognizes two main forms of custody:
Legal custody refers to the authority to make major decisions affecting a child’s life, such as education, medical care, and overall welfare.
Physical custody determines where the child resides and how time is divided between parents or legal guardians.
Both legal and physical custody may be awarded jointly to both parents or solely to one parent.
When parents share joint legal custody, they are expected to cooperate on major decisions. If disagreements cannot be resolved, the court may be asked to intervene. With sole legal custody, one parent has the authority to make decisions without the other parent’s consent.
Filing and Jurisdiction
North Carolina courts generally have jurisdiction over a custody case if the state qualifies as the child’s “home state” under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This typically means the child has lived in North Carolina for at least six consecutive months before the case is filed. In certain situations, the court may exercise temporary emergency jurisdiction, even if the six-month requirement is not met. This usually applies when a child is present in North Carolina and faces an immediate risk of abuse, neglect, or abandonment.
Custody Orders and Modification
Custody arrangements are established through court orders, which remain in effect until they are modified by the court. To change an existing custody order, the requesting party generally must show a substantial change in circumstances that affects the child’s welfare. North Carolina courts have made clear through case law that not every change justifies a modification. The change must be meaningful and must impact the child’s best interests. Courts will not modify custody orders based on minor disagreements, parental convenience, or routine life changes alone.
Examples of circumstances that may support a modification include significant changes in:
● the child’s needs or well-being,
● a parent’s living situation,
● a parent’s physical, emotional, or mental health, or
● a parent’s ability to provide appropriate care.
Mediation Before Trial
North Carolina strongly encourages custody and visitation mediation. Under N.C. Gen. Stat. 50-13(b)(1), most contested custody and visitation cases are referred to mediation before being heard by a judge. Mediation is designed to reduce conflict and help parents reach workable agreements outside of court. Cases involving allegations of domestic violence or child abuse may be exempt from mandatory mediation.
Enforcement of Custody Orders
When a parent fails to comply with a custody order, such as refusing visitation or withholding a child, the other parent may ask the court to enforce the order. This is often done through a motion for contempt. If the court finds a willful violation, it may impose sanctions that can include fines, attorney’s fees, makeup visitation, or other remedies designed to ensure compliance.
Non-Parent Custody and Visitation
While parents have a constitutionally protected right to custody of their children, North Carolina law does allow non-parents, including grandparents, to seek custody or visitation in limited circumstances.
These cases often involve additional legal hurdles, such as showing parental unfitness, inconsistent parental conduct, or that the non parent has a significant relationship with the child. As with all custody matters, the court’s focus remains on the child’s best interests.
If you have questions about child custody in Davidson County or surrounding areas, please reach out to schedule an appointment with one of our family law attorneys.