Child Custody Laws in North Carolina
How courts in North Carolina decide child custody and parenting time, the best-interest factors, and whether parents must take a class or try mediation.
Short answer: Custody is awarded to whoever will best promote the child's interest and welfare. The court must consider all relevant factors, including domestic violence and the safety of the child and parties, and make written findings. N.C. Gen. Stat. § 50-13.2(a)
| Child custody | Custody is awarded to whoever will best promote the child's interest and welfare. The court must consider all relevant factors, including domestic violence and the safety of the child and parties, and make written findings. Between parents, no presumption applies as to who will better promote the child's welfare, and joint custody must be considered if either parent asks for it. The statute does not set an age for considering the child's preference. Source: N.C. Gen. Stat. § 50-13.2(a) |
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| Emergency and temporary custody | Once a court has jurisdiction over the child, it may enter temporary custody and support orders while waiting for the other party to be served. But a temporary order that changes the child's living arrangements or custody may be entered ex parte (before the other parent is served or notified) only if the court finds the child is exposed to a substantial risk of bodily injury or sexual abuse, or that there is a substantial risk the child may be abducted or removed from North Carolina to evade the state's courts. If law enforcement must take physical custody of the child, the order must be accompanied by a warrant. |
| Parenting class or mediation | Where a custody mediation program exists, contested custody or visitation issues must be set for mediation before or along with the hearing, unless the court waives it for good cause (such as undue hardship, allegations of abuse, neglect, substance abuse or domestic violence, or living more than 50 miles from court). Alimony, child support and other money issues are not referred to this mediation. |
More North Carolina divorce & family law
- Getting a Marriage License in North Carolina
- Adopting a Child in North Carolina
- Guardianship of a Child or Adult in North Carolina
- Establishing Paternity in North Carolina
- Changing Your Name in North Carolina
- How Child Support Is Calculated in North Carolina
- Divorce Records in North Carolina
- Alimony and Spousal Support in North Carolina
- How to File for Divorce in North Carolina
- Legal Separation and Annulment in North Carolina
- All North Carolina divorce & family law rules
FAQ
How is child custody decided in North Carolina?
Custody is awarded to whoever will best promote the child's interest and welfare. The court must consider all relevant factors, including domestic violence and the safety of the child and parties, and make written findings. Between parents, no presumption applies as to who will better promote the child's welfare, and joint custody must be considered if either parent asks for it.
How do you get emergency custody in North Carolina?
Once a court has jurisdiction over the child, it may enter temporary custody and support orders while waiting for the other party to be served. But a temporary order that changes the child's living arrangements or custody may be entered ex parte (before the other parent is served or notified) only if the court finds the child is exposed to a substantial risk of bodily injury or sexual abuse, or that there is a substantial risk the child may be abducted or removed from North Carolina to evade the state's courts. If law enforcement must take physical custody of the child, the order must be accompanied by a warrant.
Do you have to take a parenting class to divorce in North Carolina?
Where a custody mediation program exists, contested custody or visitation issues must be set for mediation before or along with the hearing, unless the court waives it for good cause (such as undue hardship, allegations of abuse, neglect, substance abuse or domestic violence, or living more than 50 miles from court). Alimony, child support and other money issues are not referred to this mediation.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.