Question 1

What is the difference between legal custody and physical custody in North Carolina?

Accepted Answer

In North Carolina, legal custody refers to who has the authority to make major decisions for a child, such as choices about education, medical care, and religion. Physical custody refers to where the child lives and how time is divided between the parents. Each type of custody can be shared jointly or granted primarily to one parent, depending on what is in the child’s best interests.

Question 2

Does the court favor mothers over fathers in child custody cases?

Accepted Answer

No. North Carolina courts do not automatically favor mothers or fathers in custody cases. Judges are required to focus on the best interests of the child and consider factors such as the child’s relationship with each parent, each parent’s ability to provide a safe and stable home, and the child’s overall well-being.

Question 3

What does it mean that custody is decided based on the child’s best interests?

Accepted Answer

When a court uses the best interests of the child standard, it looks at what arrangement will best support the child’s safety, stability, and overall welfare. This can include each parent’s caregiving history, the home environment, the child’s routines and schooling, any safety concerns, and each parent’s willingness to support the child’s relationship with the other parent.

Question 4

Is sole custody common in North Carolina?

Accepted Answer

Sole custody, where one parent has both sole legal custody and sole physical custody, is not typical in most North Carolina cases. It is more likely to be considered when there are serious concerns about a child’s safety or stability, such as a history of abuse, neglect, or substance misuse. Many families instead have arrangements where one parent has primary physical custody and parents share legal custody, or they share physical custody more evenly.

Question 5

Can parents agree on a custody arrangement without a trial?

Accepted Answer

Yes. Many custody cases are resolved by agreement instead of a trial. Parents can work with attorneys, mediators, or both to develop a parenting plan that addresses legal custody, physical custody, and the parenting schedule. If the agreement is approved by the court, it can be made part of a court order and is enforceable.

Question 6

When should I talk to a child custody attorney?

Accepted Answer

It is wise to talk with a child custody attorney early if you are separating, considering filing for custody, or have concerns about your child’s safety or stability. An attorney can explain how North Carolina law applies to your situation, help you understand your options, and guide you in negotiating an agreement or preparing for court if necessary. Every family is different, so getting advice tailored to your circumstances is important.

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