Child Custody
Laws In
North Carolina
at Wilson, Reives & Doran
Navigating child custody matters can be an emotional and complex process. In North Carolina, courts make custody decisions based on the child’s best interests. At Wilson, Reives & Doran, our experienced family law attorneys understand that every situation is unique, and we are committed to helping you secure an arrangement that meets your needs and protects your child’s well-being.
Types of Child Custody in North Carolina
Depending on your circumstances, your lawyer can help you seek:
Sole Physical and Legal Custody – Where one parent has the child residing with them and makes all major decisions regarding the child’s upbringing.
Joint Physical and Legal Custody – Where both parents share physical time with the child and decision-making responsibilities.
If you are denied physical custody, your lawyer can work to secure visitation rights to ensure you continue to have quality parenting time with your children.
When deciding custody, courts often weigh factors that may include:
- A parent’s economic situation and earning potential
- A parent’s physical, mental, and emotional well-being
- A parent’s availability to the child
- A parent’s caretaking skills
- The child’s preferences
- The child’s level of bonding with other siblings
Can Child Custody Agreements be Modified?
No child custody arrangement is truly permanent. If you are not satisfied with your current arrangement or if your circumstances have changed since the agreement was enforced, you have the option to seek modifications.
- Out-of-Court Agreements
If your parenting agreement was made without court intervention, a modification will focus on determining what new arrangement will serve the child’s best interests. - Court-Ordered Agreements
If the court issued a custody order, the parent seeking a modification must show that “changed circumstances” have adversely affected the child’s welfare. If a judge agrees that these changes are substantial, the existing custody agreement may be modified.
Should a child be in danger of physical or psychological harm, your lawyer will act quickly to obtain an emergency custody order.
Can Grandparents in NC seek Child Custody and Visitation Rights?
In North Carolina, grandparents may be granted custody and visitation rights under specific circumstances. To have standing to sue the child’s parents for custody, the grandparent must prove the unfitness of the child’s parents or demonstrate neglect of the children.
Grandparents can also be granted visitation rights if:
- The children’s parents are in an ongoing custody dispute.
- Grandparent visitation is shown to be beneficial to the children.
How is Visitation Determined?
There are no set rules regarding how much visitation time a parent without primary custody can have or when visitation should occur. Visitation cases depend on a number of variables, including:
- Distance between the parents’ homes
- Ages of the children
- Schedules of the children
- Work schedules of the parents
Can I Move out of the Area or State with my Children?
Travel and relocation restrictions are often placed on the divorced parent who has legal custody of the children. For example, the parent with legal custody might be forbidden from moving outside of a certain geographic area, including moving out of state.
However, if you can prove that the move will be in the children’s best interest, you could seek court approval for it.
How does a Criminal Record Affect Child Custody?
While a criminal conviction is not necessarily a disqualifier for custody, it will be a significant factor in custody cases. Some convictions carry greater weight than others depending on:
- The nature of the crime
- The victim of the crime
- The sentence ordered and served
- Length of time since the conviction
- Criminal history
A domestic violence conviction, in particular, could weigh heavily against a parent, as might illegal drug offenses or drunk driving convictions.
Contact an Experienced Family Law Lawyer for Child Custody Cases
Our family law lawyers at Wilson, Reives & Doran know the rights and protections that are part of North Carolina’s child custody laws. We are committed to securing the best custody arrangements for our clients that meet the needs of parents and their children.
Call us today or use our online form to connect with our team of lawyers for a confidential consultation.
What Constitutes Separation for 1 Year?
You can only file for an absolute divorce if you and your spouse have lived apart and separately for at least one year and at least one of you has lived in North Carolina for a minimum of six months.
Residency Proof
To qualify for an absolute divorce, at least one spouse must have established residency in North Carolina for at least six months before filing for a divorce. Residency means having an actual physical presence in the state with the intent to remain in the state for an indefinite period of time.
What Does Separate and Apart Mean?
Living apart means living in different homes. Merely living in different bedrooms or different areas of the same house does not meet the required grounds for a divorce.
If you were to live apart from your spouse for five months, reconcile, and then separate again, the five months spent apart may not count toward the separation period.
How is Reconciliation Defined?
It really depends on the circumstances. A one-time (isolated) reunion would likely not be deemed a reconciliation by the court. But multiple reunions may be. Presenting yourself in public as a married couple may also be considered reconciliation.
The Date Your Separation Begins is Important
The date that your separation starts begins the one-year period for obtaining a divorce. It may also serve as the date that the court uses to place a value on your marital assets when dividing property in the divorce.