The standard North Carolina applies
When a North Carolina court decides custody, it asks a single question: what arrangement serves the best interests of this child. The law does not start from a preference for mothers or fathers. Custody breaks into two parts, legal custody, which is the right to make major decisions about health, school, and upbringing, and physical custody, which is where the child lives and how time is shared.
Agreements and court decisions
Plenty of parents settle custody themselves through a parenting agreement that a court can adopt as an order. When agreement is out of reach, a judge decides after hearing the evidence about each household.
In Forsyth County, parents in a contested custody case are generally sent to custody mediation before a judge takes up the dispute, which gives many families a chance to build their own plan.
What a judge weighs
A court looks at the things that shape a child's day-to-day life, including:
- Each parent's bond with the child and role in daily care
- How stable and suitable each home is
- Each parent's ability to meet the child's needs
- School, routine, and community ties
- Any history of domestic violence or substance abuse
- Whether each parent supports the child's relationship with the other
Changing a custody order later
Custody orders are not frozen forever. A court can change one when there has been a substantial change in circumstances that affects the child and a new arrangement would serve the child's best interests. Mr. Bsk also handles modification and enforcement.
How Mr. Bsk can help
Mr. Bsk helps parents shape a workable plan and presses for an arrangement that protects both the child and the parent's relationship with them. Call 336-222-8330.
Common questions
Does North Carolina favor the mother in custody cases?
No. Custody turns on the best interests of the child, with no built-in preference for either parent.
What is the difference between legal and physical custody?
Legal custody is the authority to make major decisions about a child's health, education, and welfare. Physical custody is where the child lives and the parenting schedule. Either can be shared or held by one parent.
Is mediation required for custody in Forsyth County?
In contested custody cases, North Carolina generally requires parents to attend custody mediation before a judge decides the dispute.