Know the Laws: North Carolina
UPDATED March 19, 2008
Please consider getting help from an organization in your area before proceeding with court action. To find an organization, please go to the Where to Find Help tab at the top of this page. For information about custody in North Carolina you can visit the Rosen Law Firm website here: http://www.rosen.com/ppf/Law/Children/index.asp.
- General Information
- Who can get custody?
- How does the custody process work?
- After an order is in place
- Financial support and child records
General Information
back to topWhat is custody?
Custody is the physical care and supervision of a child (under 18 years of age). Physical custody is used to describe the person with whom the child lives on a day-to-day basis. Legal custody is used to describe the person who has the right to make major decisions concerning the child, including decisions about the child's education, health care, and religious training.
In North Carolina, visitation is also considered a type of custody.
back to topWhat are different types of custody arrangements?
There are two different types of custody arrangements: Joint/Shared custody and Sole/Exclusive custody.
Joint custody or shared custody means that both parents make the major decisions in the child's life. Minor day-to-day decisions such as bedtime or what the child will wear are up to the parent who is with the child at the time. Joint custody does not mean that a child must live half of the time with one parent and the other half with the other parent. It does mean that physical custody will be shared in such a way to ensure that the child has continuing contact with each parent. Usually, the court will specify with which parent the child will be primarily residing. Joint custody works best if parents can set aside their differences and discuss what is best for their child.
Sole custody or exclusive custody means that one parent has the final decision-making authority concerning the major decisions in the child's life. The child also lives with the parent who has sole custody, also referred to as the "custodial parent." Generally, the court will order that the non-custodial parent will have continuing contact with the child. It is possible for the court to order that the non-custodial parent see the child as often as a parent who has joint custody.
Visitation means that the non-custodial parent has a right to see the children. The amount and type of visitation granted will depend on the ages of the children, how far apart the parents live from each other, and other specific factors relating your child. The court usually likes to set a visitation schedule for the child to spend time with the non-custodial parent. Fixed schedules can include sleepovers, weekends, weekday evenings, shared holidays, school vacations, and summers. A judge may order supervised visitation if the safety of the child is an issue. If there has been domestic violence between the parents, a judge may also order that the exchange of the child take place in a supervised setting or in a public place.*
* North Carolina Code 50-13.2 Who is entitled to custody
back to topWhen are custody orders not necessary?
You do not need a custody order:
- to get child support. In order to receive assistance with obtaining child support, call your local Child Support Enforcement Office.
- to receive welfare assistance, medical care, and medical insurance for your child.
- to enroll your child in school or to allow somebody else to take care of your child temporarily.
There are drawbacks to starting a custody case. If the other parent is presently uninvolved with the child, he or she may become involved just because a case was started. Also, if the other parent fights for custody, the case may drag on for a long period of time, sometimes over a year. You may need to go to court several times, especially if the other parent also wants custody. The court will look into many aspects of your personal life that you may prefer keeping private such as past mental problems, your criminal record, substance abuse issues, and details of your personal and sexual relationships.
Before starting a custody case, ask yourself the following questions:
- Will the other parent be cooperative?
- Will he or she fight for custody?
- Is he or she likely to get a lawyer?
- If he or she has a lawyer, will I be able to afford one too?