Child Custody

One of the most hotly litigated issues that can arise during a divorce is child custody and visitation. North Carolina law provides that custody determinations are to be made under the “best interests of the child” standard. No presumption exists between a mother and a father as to who better promotes the best interest of the child.After hearing evidence, the judge (not a jury) will decide how the parents, will make major decisions affecting the childrens’ lives and will establish an appropriate residential schedule for the children. “Joint custody” describes a joint decision-making arrangement whereby both parents make major decisions for the children.

Typically, one parent will be designated as having primary physical custody with the other parent having secondary physical custody. A typical residential schedule for a parent having secondary physical custody provides that he or she will have the children on alternate weekends, one-half of the school holidays, and several weeks in the summer. It is not uncommon for the secondary physical custody parent to receive some mid-week visitation as well. Keep in mind, there is no set schedule, and courts welcome mutually agreeable residential agreements. These arrangements can change depending on the ability of the parties to communicate and work together as well as the age and development of the child.

The Law Office of Kimberly Lee, PLLC can help with your custody dispute and work to ensure that the best interest of the children is served. We seek to resolve the contested issues without the need for litigation if at all possible consistent with the client’s objectives. However, if litigation becomes necessary we will provide effective and aggressive representation.

Types of Custody:

  • Joint Custody:

    Both parents share legal and/or physical custody, collaborating on major decisions and potentially sharing the child’s time. 

  • Sole Custody:

    One parent has the exclusive right to make major decisions (legal custody) and/or the child resides with them primarily (physical custody). 

  • Physical Custody:

    Determines where the child lives on a day-to-day basis, with options for joint physical custody (shared time) or sole physical custody (one primary residence). 

  • Legal Custody
    Determines who has the right to make important decisions about the child’s upbringing, such as education, healthcare, and religious training. 

Child’s Best Interests:

  • North Carolina courts prioritize the child’s best interests when making custody decisions. 
  • Factors considered include the child’s relationship with each parent, each parent’s ability to provide a stable home, the child’s preferences (if mature enough), and any history of domestic violence or substance abuse.

Understanding the different types of custody and the factors considered by the court can help parents navigate the process effectively and ensure the best possible outcome for their children.