For North Carolina parents going through a divorce, child custody is often at the very top of the list of pressing concerns. For this reason, it can be a source of conflict even when the spouses are in general agreement regarding other aspects of the divorce. If you’re going through a divorce, knowing how the state handles custody arrangements can help you prepare for the process.
The Different Types of Child Custody
North Carolina recognizes two main types of child custody: legal custody and physical custody. Legal custody gives a parent the authority to make important decisions related to education, medical care, religious matters, and other elements of the child’s upbringing. Physical custody, meanwhile, determines where the child lives and how much time they spend with each parent.
Additionally, either type of custody can be sole or joint. In joint arrangements, parents share responsibilities and time with the child, while in sole custody, one parent assumes the primary role. The state does not automatically favor one parent over the other – courts focus on what arrangement benefits the child most.
What Is the “Best Interests of the Child” Standard?
The courts base custody decisions on the best interests of the child. This legal standard focuses on what will most benefit the child’s overall well-being rather than what either parent prefers. Judges look at various factors that affect the child’s safety, stability, and emotional health to determine the most suitable arrangement. In applying this standard, the court’s goal is to promote a positive, secure environment that supports the child’s development and helps them preserve healthy relationships with both of their parents whenever possible. While the court doesn’t ignore fairness to the parents, the child’s welfare always comes first.
What Does the Court Look at When Deciding on Custody?
Judges deciding custody cases examine many aspects of a family’s situation to determine what will serve the child’s best interests. Every case is decided on its own unique facts, and no single factor controls the outcome. Courts may consider:
- The child’s age and developmental needs
- Each parent’s living situation and stability
- The child’s relationship with each parent
- Each parent’s ability to provide care, supervision, and guidance
- Each parent’s physical and mental health
- Any history of domestic violence or substance abuse
- Each parent’s willingness to encourage a relationship with the other parent
- The child’s adjustment to home, school, and community
- The child’s preference, when the judge finds the child mature enough to express it
- Any conduct by either parent that affects the child’s welfare
Judges weigh these factors to identify the arrangement most likely to support the child’s needs, taking into account testimonial and documentary evidence to form a complete picture of the family dynamic. Once the judge determines which parent can best meet the child’s needs and maintain a stable, supportive home environment, they’ll craft a temporary or permanent custody order.
Not sure how these factors might impact the custody decision in your case? Contact a New Bern family law attorney today to arrange a consultation.
What if Spouses Disagree on Custody Matters?
Divorcing parents may have vastly different ideas of what sort of arrangement would serve their child’s best interests. Although disagreement is common, the law encourages cooperation whenever possible to reduce conflict and promote stability for the child. When parents disagree about custody, North Carolina courts require them to participate in custody mediation. A neutral mediator helps the parents work toward an agreement without going before a judge.
Unfortunately, mediation doesn’t always yield an agreeable outcome. When this happens, the case proceeds to a custody hearing, where both sides present evidence and witnesses. The judge then issues a decision based on the child’s best interests.
Contact a North Carolina Attorney to Discuss Your Custody Case
If you’re a New Bern parent pursuing a divorce, having experienced legal support can help you secure the most favorable outcome possible for your child. The team at Summit Law Group has over 50 years of experience working with North Carolina parents to secure custody arrangements that support their children’s needs. Contact our office today to arrange an initial consultation to discuss your custody matter and learn how we can help.