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The North Carolina Child Custody Process

Child custody issues may be heard in different types of cases. Most commonly, custody is determined in the course of a divorce case, but custody issues may also be heard in a paternity case, a legal separation, or other context. 

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Child Custody Mediation

In North Carolina, mediation is mandatory before the court will hear a custody dispute. There are a few exceptions, such as when one parent has been abusive. 

 

The custody mediator works with the parents--without their attorneys--to attempt to reach an agreement regarding parenting time, decision-making, and other custody and visitation issues. If the parties reach an agreement during mediation, their attorneys will have the opportunity to review the agreed parenting plan. Then, the plan will be submitted to the court for approval. 

 

Though North Carolina courts strongly favor agreements between parents, it’s not a given that an agreed parenting plan will be approved by the court. The judge will still review the terms to determine whether the plan is in the best interest of the children. 

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Custody Trials in North Carolina

If the parents can’t reach an agreement, either on their own or during the mediation process, the court will determine custody and visitation. The judge has discretion to consider any factors relating to the best interests of the child or children. Some common considerations include: 

 

• The child’s existing relationship with each parent

• The willingness and ability of the parents to work together for the good of the children

• Other members of each household, such as step-siblings, and the children’s relationship with them

• Consistency of living arrangements, schools, neighborhood friends and activities

• Any issues that might impact the children’s welfare, such as drug or alcohol abuse or a history of violence

• The wishes of the child, depending on age and maturity

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Preparing for a Child Custody Case

Even before entering mediation, it’s important to understand your rights and options. You’ll also want to assess what’s most important to you and what’s most critical for the welfare of your children, and to have a sense of how the court would likely see your case if you proceeded to a contested hearing. 

 

An experienced North Carolina custody lawyer can assess your situation, advise you regarding your rights and the factors the court would consider, help you prepare for mediation and, if necessary, assemble evidence and present your case to the court. 

 

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Frequently Asked Questions about North Carolina Custody Cases

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Can a custody determination be changed? 

The short answer is yes. Circumstances change, and the court retains jurisdiction to change the custody and visitation order as necessary to protect the best interests of the children. However, courts also value stability for children, so the parent requesting a change must generally demonstrate a substantial change that warrants a new arrangement.

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Can parents change a custody order on their own? 

Most custody orders allow parents the discretion to make minor changes like switching weekends or changing vacation dates by agreement. But, if a significant change occurs--for instance, if children shift from spending most of their time at one home with weekend visitation for the other parent to a 50/50 time split--the parenting plan should be updated to reflect the new arrangement and submitted to the court for approval. Should you run into conflict with the other parent, not having an order that reflects the current arrangement could create problems. 

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Do North Carolina courts favor mothers? 

North Carolina custody law is gender neutral. The court makes its determination based on what will serve the best interests of the child or children, by considering facts specific to the family.

 

Can third parties file for custody in North Carolina? 

In North Carolina, certain other parties who have developed a parental relationship with a child may have standing to sue for custody. However, the standards in this type of custody case are different from those in a standard custody dispute between parents. If you are considering pursuing custody of a stepchild, grandchild, or other child that is not your biological or adopted child, speak with an experienced child custody attorney to learn more about whether your situation qualifies.