Child Custody in Forsyth County: Protecting Your Child’s Best Interest

Navigate the legal, physical, and procedural complexities of custody with Winston-Salem’s compassionate advocacy team.

When your family dynamic changes, your primary concern is the well-being of your children. In Winston-Salem and throughout North Carolina, the legal system shares this priority. The guiding principle for all custody decisions is the “Best Interest of the Child.” But what does that mean in practice?

At Brazil Family Law, our team—led by owner Molly Brazil and Senior Attorney Erin Woodrum—is dedicated to demystifying the custody process so you can make informed decisions for your family’s future.

The “Best Interest” Standard Explained

Under N.C. General Statute § 50-13.2, a judge does not automatically favor the mother or the father. The law is gender-neutral. Instead, the court conducts a holistic review of your child’s life to determine an arrangement that promotes their physical and emotional welfare. Factors include:

• Stability: Which parent can provide a consistent routine and minimize disruption to the child’s life due to separation of his or her parents?
• Safety: Is there any history of domestic violence or substance abuse?
• Health and wellbeing: How does each parent contribute to making sure the child’s medical and psychological needs are tended to?
• Co-Parenting: Which parent is more likely to encourage a healthy relationship with the other parent?

Legal vs. Physical Custody

It is crucial to understand that “custody” is not a single concept. It is bifurcated into two distinct rights:

1. Legal Custody: The authority to make major life decisions regarding education, healthcare, religion and extracurricular activities. Courts typically favor “Joint Legal Custody,” requiring parents to consult one another before making big moves and which prohibits either parent from acting unilaterally. What to do when there is an impasse is something we regularly help our clients navigate.
2. Physical Custody: The residential schedule that determines where the child sleeps. This can be “Primary” (mostly with one parent) or “Joint” (shared significantly between both). North Carolina law requires that the Judge consider a request for joint physical custody if one is made. We understand that it is not appropriate in every situation, or, that even when it is appropriate, there are a multitude of considerations. We have great experience working through these arrangements with families. 

The Mandatory Mediation Step

In Forsyth County, you typically cannot rush straight into a courtroom trial. The system requires parents to participate in the Child Custody Mediation Program. This is a “pause button” designed to lower conflict.

• Step 1: Online Orientation. You must complete a 45-minute self-directed online orientation within 14 days of notice. Failure to do so can lead to contempt of court.
• Step 2: The Session. You and the other parent will meet with a neutral mediator to discuss your child’s needs. This session is confidential—what you say there cannot be used against you in court later.
• Step 3: The Agreement. If you agree on a schedule, the mediator drafts a Parenting Agreement. Once signed by a judge, this becomes a binding court order.

Why You Need an Advocate at all Stages

Even though attorneys are not present in the child custody mediation room, they are essential to the process. We are the ones who draft and file your Child Custody Complaint in a way that best positions yours case. We prepare you before the session, helping you understand your rights and establishing your “bottom line.” In some cases, we seek a waiver of the mediation process if there has been substance abuse, domestic violence or child abuse/neglect. If you do go to mediation, We also review any agreement before you sign it. A Parenting Agreement is difficult to modify once signed; ensuring it is correct the first time is vital.

• WE NAVIGATE the complex trial scheduling systems that vary county to county
• We help make sure there are not any additional avenues for settlement outside of court
• We organize your evidence and prepare your case for trial
• We work with you to decide what we are asking the judge to do
• We help you prepare for testifying
• We assess whether any expert witnesses or other professionals need to be involved with your family 
• We fight in the Courtroomthe battle

Don’t navigate this complex system alone. Contact Brazil Family Law today at (336) 777-0191 to schedule a consultation with our bilingual team.