Custody

Custody is based on the best interests of a minor child in North Carolina. There is no presumption in North Carolina that a mother will get custody of a child. North Carolina does not have a gender preference in custody matters. The court will look at which parent will best promote the interests and welfare of the child. If one parent requests joint custody, it shall be considered by the court. The court can award joint custody or may award sole custody of the minor child to one parent while the other parent has visitation. The court will look at many factors when deciding custody, but some factors include the child’s physical, mental and emotional states, his/her educational background, his/her religious or spiritual background, his/her age, and development. The court will also look at, among other things, which parent is able to spend more time with the child, which parent has historically given more time and attention to the child, the physical, mental and emotional states of each parent, and each parent’s commitment to educational, moral, spiritual and emotional development. The child’s preferences can be considered, depending upon the age of the child expressing the preference. However, a judge is not required to award custody based upon a child’s preference, particularly if that child’s preference does not serve his or her best interests.