Different states have slightly differing laws when it comes to how child custody is determined. Therefore, as a resident of North Carolina, it is important that you understand how child custody is calculated and what terms are used to describe different types of custody when you are filing for custody of your child.
In North Carolina, a distinction is made between legal custody and physical custody. Legal custody is when a parent or guardian has the legal right to make decisions on behalf of that child. This could include decisions about what school the child should attend or important medical decisions that should be addressed. Physical custody, however, is related to with whom the child lives and whom is allowed to have physical contact with him or her.
How is child custody calculated in North Carolina?
As in all states, child custody in North Carolina is calculated based on what is viewed to be in the best interests of the child. This means that judges consider the safety and the well-being of the child in question as their top priority. They do not make biased decisions based on gender, but they do automatically prefer for children to be in custody of one or both of their biological parents as long as this is a safe option. Any domestic violence issues will be taken into account, as well as an assessment of which parent will provide the most stable and loving home for the child.
If you are struggling to navigate child custody in the state of North Carolina, it is important to research all aspects of the law.
Source: FindLaw, “North Carolina Child Custody Laws,” accessed June 08, 2018