Gabriela J. Matthews & Associates, P.A.

In North Carolina, there are two types of custody: legal and physical. Legal custody is the right of the parent or parents granted legal custody to have a say in how their child is raised with respect to medical intervention, education, and religious beliefs. When the parties have joint legal custody, they consult together to agree to issues concerning the general health, welfare, education, and development of the minor child to the end that they adopt a harmonious policy in regard to that child's upbringing insofar as possible. Each parent shall be entitled to immediate access from the other, or from a third party, to records and information pertaining to the minor child including, but not limited to, medical, dental, health, school or educational records. The Courts generally grant both parents joint legal custody unless one side can bring forth compelling evidence, which would show the Court that that parent is not a fit and proper person to have joint legal custody of the child.

Physical custody is the right for a parent or parents to physically have custody of the child. The Court awards custody to the parent who can best promote the general welfare and interest of the minor children. Visitation rights are usually granted to the other parent. Temporary custody can be awarded without a hearing if:

(1) The child is exposed to substantial risk of abuse, or
(2) There is a substantial risk that the child will be abducted from the jurisdiction of the court.

Custody orders may be later modified, if one parent can show a change of circumstances that substantially affects the child's welfare. The court always has ultimate authority over rights of children, regardless of the wishes or agreements of parents. Parties violating court orders regarding custody may be punished for contempt of court.

In most counties in North Carolina, the Court requires that the parties first attend custody mediation prior to proceeding with the Court for determination of custody. The Courts employ a mediator and the cost is nothing to either party. In the event that the parties are able to come to an agreement together regarding custody, the mediator will draft a Custody Mediation Agreement for both parties to sign. Said Agreement will then be made an Order of Court. In the event that the parties cannot come to an agreement, the Court will proceed with hearing the issue of custody. For the sake of the children, it is best to make a conscientious effort to avoid a custody battle.