Types of Child Custody
North Carolina has two types of custody – legal and physical.[1] Legal custody refers to decision-making authority. Physical custody refers to where the child lives.
Legal Custody
If one parent alone holds legal decision-making authority, this is called sole legal custody. This is when only one parent can make decisions regarding school, healthcare, and other substantial decisions that will impact a child’s well-being and health. More often, legal custody is shared between both parents as joint legal custody, which means both parents have equal say and participation in these decisions.
Physical Custody
Physical custody can also be exclusively or primarily given to one parent – called primary custody – or shared equally by both parents – joint custody. Primary custody does not mean that one parent is not allowed to visit with their child; it simply means that the child lives with the parent who has primary custody the majority of the time.
How is Custody Determined?
As with every other decision when a child is involved, the court will consider the child’s best interests when determining custody. Factors such as each parent’s participation in caretaking, the health of the child and parties, and criminal records will be considered by the court, as well as any other factor that could impact the child’s well-being. Once the courts determine how custody should be granted, an order will be entered, and both parents are required to abide by the order.
After a divorce, breakup, or birth of a child, a court order is not required to determine custody arrangements. If both parents are able to agree upon the legal and physical custody of the child, they may not need to obtain a court order. However, parents who cannot agree on custody, visitation, medical decisions, education choices, or other important factors should seek court involvement to help them address these issues.
Can an Order be Amended?
If there has been a change in circumstances and the current order is no longer viable for the parties or does not meet the child’s best interests, a motion to modify the order can be filed. This is only for final orders, not temporary orders. Cases with temporary custody orders should have a future hearing scheduled for a court to decide on the permanent conditions. However, if you only have a temporary order and want to expedite a final order due to changes in circumstances, you may also be able to file a motion in your current open case.
Deciding the best course of action is especially critical when children are involved. At Ley Law, we know that your child is your top priority. Reach out to us at 252-612-0007 to discuss scheduling a consultation. You can also ask us how to take advantage of our payment plans so that you do not miss out on the chance to have help from a North Carolina child custody attorney.
[1] North Carolina Judicial Branch. Child Custody. https://www.nccourts.gov/help-topics/family-and-children/child-custody
