Child Custody

Child Custody in North Carolina is most often settled by a voluntary agreement between the parents. Only a small percentage of child custody disputes are decided in a courtroom by a judge. The standard for determining custody is "the best interest of the child." There are no guidelines for a judge to use in deciding child custody cases. However, the following is a list (in no particular order) of factors which might be relevant in a child custody case:

1. The role of each parent thus far in taking care of the child.
2. The mental and physical condition of each parent.
3. Each parent's care-taking capacities and abilities.
4. Whether wither parent has abused or neglected the child or the other parent.
5. The relationship between the child and each parent.
6. Which parent is most likely to encourage a relationship between the child and the other parent.
7. What the child might have to say about the situation.
8. Each parent's relationship with other adults, including whether either parent has an intimate relationship with another adult.
9. The time each parent has for the child and the environment which each parent can create for the child.

The burden of proof in custody cases is by the greater weight of the evidence, as in most civil cases. The evidence, to support your claim for custody, must therefore show how your behavior and abilities will further your child's overall development and welfare better than your spouse's behavior and parenting abilities would do. In general, the parent with the best caretaking history or caretaking potential will be the parent preferred by the judge, provided that that parent and the child have a satisfactory relationship. But the judge will consider all the many common-sense factors enumerated here to determine which custodial placement is in the child's best interests.

If you or a loved one is in need of legal assistance, call Lea, Rhine & Rosbrugh, P.L.L.C. at 910-772-9960 or toll free 866-772-9960 or submit an online questionnaire.