Child Custody in North Carolina: Best Interest, Free Mediation, Domestic Violence and Moving Away

North Carolina decides custody under one standard. The court awards custody to whoever "will best promote the interest and welfare of the child" (G.S. 50-13.2). The law uses custody and visitation; there's no statutory list of a dozen factors, as some states have.

What the court weighs

The statute names three things the court must address, and leaves the rest open: "the court shall consider all relevant factors including acts of domestic violence between the parties, the safety of the child, and the safety of either party from domestic violence by the other party." The order must include written findings on each of those.

• No preference between parents. "Between the parents, whether natural or adoptive, no presumption shall apply as to who will better promote the interest and welfare of the child." Mothers aren't favored, and neither are fathers.
• Joint custody. "Joint custody to the parents shall be considered upon the request of either parent." Considering it isn't the same as ordering it, and joint custody doesn't mean equal time.
• Domestic violence. When the court finds domestic violence, the order must protect the child and the victim. And "If a party is absent or relocates with or without the children because of an act of domestic violence, the absence or relocation shall not be a factor that weighs against the party in determining custody or visitation."

The court system explains the two kinds: "Legal custody is the right to make major decisions about the child." "Physical custody means the right to have the child in your physical care, either all the time or part of the time." Either can be shared or held by one parent.

The child's wishes

No law sets an age at which a child decides. The court system puts it plainly: "Either parent can be awarded custody of a child of any age, depending on the family’s specific circumstances." "Judges often consider teenagers’ preferences about where they want to live, but are not required to order what the teenager wants."

Custody mediation comes first

Under G.S. 50-13.1, contested custody and visitation cases, including motions to change an order, are sent to the court's custody mediation program. It's free: "No. The courts provide custody mediation free of charge." Parents attend an orientation and then "a mediation session of up to two hours." Only custody and visitation are mediated there: "Alimony, child support, and other economic issues may not be referred for mediation pursuant to this section."

The court can waive mediation for good cause, on a parent's motion or its own. Good cause can include undue hardship, an agreement to use a private mediator, allegations of child abuse or neglect, alcoholism, drug abuse or domestic violence between the parents, or severe psychological problems, and "A showing by either party that the party resides more than fifty miles from the court may be considered good cause."

If the parents agree, the agreement is put in writing and signed, and "Unless the court finds good reason not to, it shall incorporate the agreement in a court order and it shall become enforceable as a court order."

Emergency custody

A temporary order that changes where a child lives can't be entered without notice to the other parent (G.S. 50-13.5(d)(3)) "unless the court finds that the child is exposed to a substantial risk of bodily injury or sexual abuse or that there is a substantial risk that the child may be abducted or removed" from North Carolina to evade the court. A domestic violence protective order under Chapter 50B can also include temporary custody.

What a custody filing must disclose

Since December 1, 2024, anyone filing for custody must disclose certain convictions, including sexually violent offenses, human trafficking, involuntary or sexual servitude, and sexual exploitation of a minor. A filer "who has been granted or denied custody of any minor child in any jurisdiction shall disclose that fact in the pleadings". A nonparent seeking custody must also attest that nothing of value was paid or promised in exchange for the child.

Which state decides

Custody jurisdiction follows the Uniform Child Custody Jurisdiction and Enforcement Act, Chapter 50A. The starting point is the child's home state: "the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child-custody proceeding." Meeting the six-month divorce residency rule doesn't by itself give North Carolina power over custody.

Changing custody

An order "may be modified or vacated at any time, upon motion in the cause and a showing of changed circumstances by either party or anyone interested" (G.S. 50-13.7). Contested motions to modify custody or visitation also go to custody mediation.

Moving away

North Carolina has no relocation statute and no fixed notice period. A move is decided under the best-interest standard, usually on a motion to modify custody. The statute touches relocation only in passing: a custodian may be required to post a bond for the child's return from out of state, and electronic visitation can't "be used to justify or support relocation by the custodial parent out of the immediate area or the State." Read your existing custody order before planning a move; its terms control until a court changes them.

Where these sections live

• G.S. 50-13.2 — Who is entitled to custody
• G.S. 50-13.1 — Custody actions and mediation
• G.S. 50-13.5 — Procedure, including emergency custody
• G.S. 50-13.7 — Modification
• G.S. 50A-201 — Initial custody jurisdiction
• N.C. Courts: custody mediation