Child custody is often the central concern for parents throughout the state. This is why gaining an understanding of how custody is defined and determined can make this process feel more manageable and transparent. After all, there is no reason that the process itself must be a scary black box.
The types of child custody
North Carolina recognizes two primary types of child custody: legal custody and physical custody. Legal custody grants a parent the authority to make significant decisions, like deciding how the child is educated, whether the child receives healthcare and the healthcare the child receives and even the religious upbringing of the child. Physical custody, on the other hand, addresses who cares for the child and where the child lives (i.e., the child’s living arrangements and daily care). Courts can grant either parent sole or joint custody in both legal and physical contexts, but this depends on the family’s circumstances.
Best interests of the child
Judges in North Caroline base custody rulings on what they believe serves the child’s best interests. They evaluate several factors, including the child’s age, the home environment each parent provides and any history of domestic violence or substance abuse. The quality of the child’s relationship with each parent, as well as each parent’s ability to support the child’s emotional and physical well-being, also play a significant role in the court’s decision.
How judges decide on the type of child custody
Joint custody means both parents share substantial decision-making responsibility and/or physical custody. This arrangement typically enables both parents to remain involved in the child’s routine. Sole custody grants one parent exclusive responsibility. Courts may award sole custody when one parent is deemed unable to provide a safe or stable setting. Though, joint custody is the preferred child custody arraignment.
Modifying existing orders
Custody orders are not necessarily permanent. Parents who experience major life changes can ask the court to modify an existing child custody order. Common reasons include relocating for work, the evolving needs of the child or any significant concerns about the child’s health or safety.
Various resources in Charlotte and across North Carolina can offer valuable information about custody laws and procedures. The North Carolina Judicial Branch and organizations like Legal Aid of North Carolina publish helpful guides. Understanding your rights and responsibilities is key.