How do North Carolina courts decide custody?

What the statute requires

The court shall consider all relevant factors, including acts of domestic violence between the parties, the safety of the child, and the safety of either party from domestic violence by the other party. The custody order must include written findings that reflect the consideration of each of these factors and support the best interest decision (G.S. 50-13.2(a)).

Between the parents, no presumption applies as to who will better promote the child’s interest and welfare, and joint custody shall be considered upon the request of either parent (G.S. 50-13.2(a)).

Types of custody

An order may grant joint custody to the parents, exclusive custody to one person, or custody to two or more persons (G.S. 50-13.2(b)). The Judicial Branch explains that legal custody is the right to make major decisions about the child and physical custody is the right to have the child in your care.

Domestic violence and visitation

If the court finds that domestic violence has occurred, it shall enter orders that best protect the children and the party who were the victims (G.S. 50-13.2(b)). Before denying a parent reasonable visitation, the judge must find in writing that the parent is unfit to visit the child or that visitation is not in the child’s best interest (G.S. 50-13.5(i)).