Custody
| Custody | |
| Statutes: | Chapter 50A |
| Description | Who the child lives with (physical custody) and who makes important decisions about the child (legal custody). |
| Takeaway | Custody is determined by whatever a judge feels is in the child(ren)'s best interest. |
Custody is determined by whatever a judge feels is in the child(ren)'s best interest. There are two types of custody. Physical custody is who the minor lives with. Legal custody is who makes important decisions about the child(ren). Generally, a judge is comparing one parent to the other to determine which (or both) are competent parents.
Evidence
How to best prove the child is better-off with one parent than the other depends on the circumstances. However, one common factor is which parent takes the child to places like the dentist, doctor, and school. The minor's own preferences can also be a factor, depending on their age and whether the child has responsible adult reasons for their preference. Other factors include providing a suitable home, making healthy meals, and looking after the child's development.
It used to be that many judges leaned towards shared 50/50 custody. This was because many studies showed that children were better off being raised by two parents, even in the context of a divorce. However, newer studies showed that children were worse-off with two parents if the parents didn't get along, as is often the case with litigated custody lawsuits. As a result, judges now lean more heavily towards primary custody, if one parent is substantially more responsible than the other. There is no presumption for one or the other. It's just whatever the judge feels is in the child's best interest.
Minimum Custody
Generally, even if one parent is awarded primary custody, the other parent will have custody every other weekend. A parent can only completely lose custody rights if they are a danger to the child(ren) or demonstrate an abandonment of their parental role. Examples would be if one parent is involved in dangerous crimes, abuses drugs, and/or sexually/physically abuses the child(ren). Completely extinguishing a parent's custody rights is rare. This is one reason it is not beneficial to create excessive hostility with the other parent. In most cases, you will need to continue co-parenting with them.
Jurisdiction
A North Carolina court will accept jurisdiction if North Carolina is the child's "home state."[1] However, if North Carolina was the home state of the child within the prior six months, and one spouse takes the child to another state, North Carolina courts will still accept jurisdiction.[1] You can also have North Carolina jurisdiction if no other state can or wants to.[1] However, if a spouse takes the child to another state for more than six months, their new state most likely is the only state that can accept jurisdiction. The plaintiff can pick the court for the county where the minor lives, or where one of the spouses live.[2]
Contact an Attorney
This wiki is provided by North Carolina divorce lawyer David King and his firm King @ Law. You can learn more about King @ Law at www.kinglawnc.com. If you are looking to hire an attorney, have questions, or would like to contribute to this wiki, you can contact attorney King using any of the following methods:
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