North Carolina Child Custody Law
Understand legal and physical custody, best-interest factors, mediation, temporary and emergency orders, parenting plans, and how courts in North Carolina make decisions for children.
What you will learn
NC child custody basics
North Carolina District Court decides custody based on the child’s best interest. Judges evaluate safety, caregiving history, stability, communication, and each parent’s ability to meet daily needs. There is no automatic preference for mothers or fathers.
Legal vs physical custody
- Legal custody covers major decisions like education, healthcare, and religion. It can be joint or sole.
- Physical custody covers where the child lives and the weekly schedule. It can be primary with one parent or shared.
Joint, primary, and visitation
Courts can set a shared schedule or give one parent primary time with structured visitation for the other parent. Orders often include weekday, weekend, holiday, and summer breaks with pick-up and drop-off rules.
Jurisdiction and standing
- UCCJEA: NC usually has jurisdiction if the child has lived in NC for 6 months before filing, with narrow exceptions.
- Unmarried parents: paternity must be addressed if not already established.
New to NC family law? See Divorce and the NC divorce basics guide.
How a custody case moves through court
- Filing and service: A Complaint and Civil Summons are filed in District Court and served on the other party.
- Temporary needs: Ask for a temporary custody hearing when children need fast stability.
- Parent education: Some counties require a parenting class before a final order.
- Discovery and evaluations: Cases may involve records, witnesses, a custody evaluation, or a Guardian ad Litem in narrow situations.
- Mediation or settlement: See the section below on mandatory custody mediation.
- Hearing or trial: If not resolved, the judge hears evidence and enters an order with a detailed schedule.
For help building your attorney list, open the North Carolina locations page and search by city or county.
Mediation in North Carolina
Custody mediation is common in NC and many counties require it. A neutral mediator helps you reach a parenting agreement. If you settle, your terms can be drafted into a Parenting Agreement or Consent Order. If not, the case returns to court.
Learn more about the process in NC mediation for family cases.
Build a practical parenting plan
A strong plan focuses on stability and clear routines. Address week-to-week time, exchanges, travel, childcare, decision-making, and communication.
Schedules that often work
- 2-2-3 or 2-2-5-5 for school-age children when parents live close by.
- Every-other-weekend plus one weekday dinner when distance is an issue.
- Graduated time for infants and toddlers to adjust over time.
Holiday and summer terms
Alternate major holidays, define school breaks, confirm exchange times and travel notice. Include rules for passports and out-of-state trips.
For a full checklist, see NC parenting plan checklist.
Evidence that helps the court
- Calendar of exchanges, school events, and medical visits
- Report cards, attendance records, therapy or pediatric notes
- Childcare invoices and work schedules
- Police reports or 50B orders when safety is at issue
- Clean digital communication logs; avoid hostile messages
Keep copies. Assume messages can end up in court. Do not delete content.
Special topics
Emergency custody
Courts can enter emergency orders where there is a risk of serious harm or removal from the state. These orders are short-term and followed by a prompt hearing.
Domestic violence and child safety
Ask about a 50B protective order when violence or threats exist. Orders often set temporary custody terms, contact limits, and firearm restrictions. See NC domestic violence and custody.
Relocation
Moves that affect the schedule require court review or agreement. Judges consider school impact, support networks, travel time, and good-faith reasons. See NC relocation and custody.
Substance use or mental health concerns
Courts may order supervised time, treatment, or testing. Plans can expand as progress is documented.
Military families
Orders can address deployments, virtual time, and make-up time when a parent returns.
Unmarried parents
Establish paternity, then address custody and support in District Court. See NC child support.
Change or enforce a custody order
Modification
You must show a substantial change in circumstances that affects the child’s best interest. Examples include a move, new schedules, or safety changes.
Enforcement
Courts can enforce orders through contempt. Keep detailed logs of missed time and late exchanges.
How custody connects to child support
Parenting time influences guideline worksheets and credits for health insurance, childcare, and extraordinary expenses. Learn how worksheets A and B work in the NC child support guide.
Grandparents and third-party visitation
North Carolina allows limited visitation or custody claims by grandparents or other caregivers in narrow conditions. The court balances parental rights with the child’s stability and safety.
Related NC family law guides
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NC child custody FAQs
How long does a custody case take?
Simple cases can resolve in a few months through mediation. Contested cases with evaluations or multiple hearings take longer based on the court’s calendar.
Can a child choose where to live?
Judges may consider mature preferences but there is no set age where a child decides. The best-interest standard controls.
What if the other parent will not follow the schedule?
Document missed time and late exchanges. Your lawyer can seek enforcement or modification if the pattern harms the child.