What to Expect in a North Carolina Child Custody Case
When parents separate or divorce, few issues carry more emotional weight than determining where children will live and how parenting time will be divided. If you’re facing a child custody case in North Carolina, understanding the process can help reduce anxiety and prepare you for the road ahead.
Child custody disputes can feel overwhelming, especially when you’re already managing the stress of family changes. Whether you’re beginning the process or already in the midst of custody negotiations, knowing what to expect can help you make informed decisions and advocate effectively for your children’s best interests.
What Are the Types of Custody in North Carolina?
North Carolina recognizes two types of custody: legal custody and physical custody. Legal custody refers to the right to make important decisions about your child’s upbringing, including education, healthcare, and religious training. Physical custody determines where your child lives and the day-to-day care arrangements.
Both types of custody can be awarded as either sole custody (to one parent) or joint custody (shared between parents). Joint legal custody is common in North Carolina, allowing both parents to participate in major decisions even when physical custody arrangements vary.
How Do North Carolina Courts Decide Child Custody?
North Carolina courts make custody decisions based on one guiding principle: the best interest of the child. This isn’t a checklist but rather a comprehensive evaluation of numerous factors that affect your child’s wellbeing.
Judges consider the relationship between each parent and the child, the ability of each parent to provide for the child’s needs, and the home environment each parent can offer. The court also evaluates each parent’s mental and physical health, any history of domestic violence or substance abuse, and the child’s relationship with siblings and extended family members. The age and preferences of the child may be considered, particularly as children get older, though a child’s wishes are just one factor among many.
How Do You File for Child Custody in North Carolina?
A custody case typically begins when one parent files a complaint for custody with the district court in the county where the child resides. You don’t need to file for divorce to pursue custody. Unmarried parents can file custody cases independently of any other legal proceedings.
After filing, the other parent must be properly served with the legal documents and given an opportunity to respond. Before reaching a final custody arrangement, the court may issue temporary custody orders that establish custody and visitation arrangements while your case moves through the system.
Is Mediation Required in North Carolina Custody Cases?
Yes. North Carolina requires parents in custody disputes to attempt mediation before going to trial. Mediation brings both parents together with a trained neutral mediator who helps facilitate productive conversations and negotiations.
The goal is to help parents reach an agreement that works for everyone, particularly the children. Mediation allows you to maintain more control over the outcome rather than leaving the decision entirely to a judge. Many custody cases settle during mediation, saving time, money, and emotional stress. If a case is resolved, the mediator will help prepare a parenting agreement that may also become a court order.
What Happens at a Child Custody Hearing?
If mediation doesn’t result in an agreement, your case will proceed to a custody hearing or trial. Both parents will have the opportunity to present evidence and testimony supporting their position. This might include your own testimony, witnesses who can speak to your parenting abilities and relationship with your child, and potentially testimony from professionals like teachers or counselors.
The judge will carefully review all evidence before making a determination. Unlike jury trials, custody cases are decided by the judge alone.
What Is Included in a Custody Order?
Whether reached through agreement or decided by the court, the final custody arrangement will usually be detailed with a parenting plan and court order. The order outlines legal and physical custody arrangements, visitation schedules (including holidays and school breaks), and how parents will handle communication and decision-making.
A well-crafted custody order provides clear guidelines, reducing future conflicts. These orders are legally binding, and both parents must follow them unless the court approves modifications.
Can Child Custody Orders Be Changed?
Life circumstances change, and permanent custody orders can be modified when there has been a substantial change in circumstances affecting the child’s wellbeing. This might include a parent’s relocation, changes in a child’s needs as they grow, or concerns about a parent’s ability to provide proper care.
To modify custody, a party must file a motion with the court, and demonstrate that the change serves your child’s best interest.
How Schulz Stephenson Law Can Help with Your Custody Case
Child custody cases can be emotionally challenging, but you don’t have to face this process alone. At Schulz Stephenson Law, we help parents throughout Carteret, Craven, and Pamlico Counties navigate custody cases with compassion and skill. Our approach focuses on protecting your parental rights while prioritizing your child’s wellbeing.
With an office in Beaufort, we serve families in Morehead City, New Bern, Newport, Atlantic Beach, Emerald Isle, and throughout the surrounding coastal communities. We understand the local court system and work diligently to guide you through each step of the custody process.
If you’re facing a child custody matter, contact Schulz Stephenson Law today to schedule a consultation. Let us help you understand your options and provide the guidance you need during this important time for your family.