Child custody in North Carolina is determined based on the best interests of the child, a standard that encompasses various factors such as the child’s safety, health, and happiness. Courts consider the living arrangements, the child’s relationship with each parent, and the ability of each parent to provide a stable and nurturing environment. Custody can be categorized into physical custody, determining where the child lives, and legal custody, which relates to making significant decisions about the child’s upbringing, including education, health care, and religious training.
In North Carolina, either parent may be awarded custody, and the court does not presume a preference for either the mother or father. Instead, the focus is on what arrangement will best support the child’s development and welfare. Joint custody arrangements are also possible and are encouraged when they serve the child’s best interests, allowing both parents to play an active role in their child’s life.
The process of determining custody involves several steps, including mediation and, if necessary, litigation. North Carolina courts typically require parents to participate in custody mediation before proceeding to a court trial. Mediation offers a less adversarial approach, encouraging parents to work together to develop a parenting plan that works for everyone involved. However, if mediation does not result in an agreement, the case will move to court, where a judge will make the custody decision.
