Custody

Generally, the parents of the child are first in line to be granted custody. However, if the parents are unfit or have neglected the welfare of the child, custody can be awarded to one or more people, agencies, organizations, or institutions that will best promote the interest and welfare of the child.¹ 

A non-parent who is filing for custody must include the following information in his/her petition:

1. any convictions for:
   • a sexually violent offense listed in section 14-208.6(5) of the law;
   • a human trafficking offense;
   • an involuntary servitude offense;
   • a sexual servitude offense; or
   • the sexual exploitation of a minor as defined in sections 14-190.16, 14-190.17, or 14-190.17A of the law;
2. whether s/he has been granted or denied custody of any child in any state; and
3. a statement that s/he has not been paid or given anything of value and not been promised anything directly or indirectly, in exchange for the child.²

¹ N.C. Gen. Stat. § 50-13.2(a), (b); see Peterson v. Rogers, 337 N.C. 397 (1994)
² N.C. Gen. Stat. § 50-13.1(a1), (a2)