Nothing in a separation matters more than your children. North Carolina custody law focuses on one question: what arrangement is best for the child? Sawyer & Associates helps parents answer that question with a practical plan and the evidence to back it up, whether you settle in mediation or go before a judge.
How NC courts decide custody
North Carolina judges award custody based on the best interest of the child (N.C.G.S. 50-13.2). There’s no automatic preference for mothers or fathers. The judge looks at each parent’s involvement, the child’s needs and stability, the home each parent offers, and any history of domestic violence or substance abuse.
Types of custody in North Carolina
Legal custody
Legal custody is the right to make major decisions about your child’s education, health care and religion. Joint legal custody is common, meaning parents decide together.
Physical custody
Physical custody is where the child lives day to day. One parent may have primary physical custody with the other having visitation (called secondary custody), or parents may share time more evenly.
Temporary and emergency custody
If a child faces a substantial risk of bodily injury, sexual abuse or being taken out of the state, a judge can enter an emergency custody order the same day, without the other parent present. A full hearing follows soon after.
Custody mediation is required first
In most North Carolina counties, parents in a contested custody case must attend custody mediation before a judge will hear the case (N.C.G.S. 50-13.1). The program is run by the courts and is confidential. Mediation can be waived for good cause, such as domestic violence or a parent living more than 50 miles away. We prepare you for mediation so you walk in knowing what you want and what you can live with.
Changing a custody order
A custody order can be modified if there’s been a substantial change in circumstances that affects the child’s welfare. A new job across the state, a parent’s remarriage that changes the home, or a child’s changing needs can all qualify, depending on the facts.
Which state handles your custody case?
Under the Uniform Child Custody Jurisdiction and Enforcement Act, North Carolina usually has jurisdiction if it’s the child’s “home state,” meaning the child lived here for the six months before the case was filed. If you’ve recently moved, get advice before filing anywhere.
Related North Carolina family law services
Child custody FAQs
At what age can a child choose which parent to live with in NC?
There’s no set age. A judge may consider an older child’s preference, but it’s one factor, not the deciding one.
Do mothers get custody more often in North Carolina?
The law gives no preference to either parent. Custody is based on the child’s best interest.
Is custody mediation mandatory in NC?
In districts with a custody mediation program, yes, unless the court waives it for good cause.
How do I get emergency custody in North Carolina?
You file a custody claim with a motion for an emergency (ex parte) order showing a substantial risk of harm or removal from the state.
Can grandparents get custody in NC?
Sometimes. Grandparent rights are limited and depend on the situation, so get advice early.
Your time with your children is worth protecting. Talk with Nick Wilson about your custody case. Call 800-355-1504 or book a consultation.
The information on this page is general and is not legal advice. Contacting us does not create an attorney-client relationship.
