Child Custody Services at The Goodman Law Firm

Few matters are as emotionally charged as child custody. At The Goodman Law Firm, we focus on protecting what matters most: your children. With a compassionate yet strategic approach, we help you navigate custody arrangements that are in your child’s best interests while safeguarding your rights as a parent.

What Is Child Custody?

Child custody includes two key components:

• Physical Custody: The time children spend with each parent.
• Legal Custody: Decision-making authority over important matters like education, medical care, and religion.

In North Carolina, the court determines custody based on the best interest of the child, considering factors such as parenting roles, special needs, communication between parents, and the child’s well-being. The state also promotes the involvement of both parents whenever possible.

The term "custody" applies to custody and visitation, as visitation is a lesser form of custody. Some states set forth specific factors for the court to consider when determining custody of minor children. North Carolina is not one of them. In North Carolina, the standard for determining custody of minor children is "the best interest of the child", which is a broad standard. The benefit of this broad standard is that the court can consider any factor relevant to the best interest of the child.

Matters such as the historical parenting roles, whether one parent has been the primary caregiver, the work schedules of the parents, each parent's involvement with the child, any special needs or considerations regarding the child, the parents' ability and willingness to communicate with each other and co-parent effectively, issues of domestic violence, and whether one parent has unreasonably denied access to the child, are examples of factors the court would consider in making a child custody determination.  Any circumstance or conduct which would likely impact the present or future of the child may be relevant to the child custody determination.

The policy in North Carolina is to promote the involvement of both parents in a child's life. Physical custody may be joint or one parent may be awarded primary physical custody.

Legal custody may be joint, permitting both parents to be actively involved in the decision-making process with respect to significant decisions. In most circumstances, parents with joint legal custody have equal decision-making authority. When parents are unable to co-parent effectively, or one parent persists in excluding the other from the decision-making process, the court may award one parent sole legal custody or final decision-making authority.

Children should have the benefit of spending time with both of their parents. No parent should have to face the fear of not knowing when the next time they will see their children will be.

Types of Child Custody Arrangements

• Physical Custody: Refers to where the child lives. It can be joint, where the child splits time between parents, or primary, where one parent has the majority of time with the child.
• Legal Custody: In most cases, legal custody is joint, allowing both parents equal input on major decisions. If parents cannot co-parent effectively, the court may grant one parent sole legal custody or final decision-making authority.
• Joint Custody: This arrangement allows both parents to actively participate in the child’s life, whether through shared physical custody, legal custody, or both.
• Primary Custody (formerly "Sole Custody"): This is awarded when one parent takes on the primary caregiving role, often due to challenges like communication issues, safety concerns, or an inability to co-parent.

Custody Modifications

Life circumstances change, and custody arrangements sometimes need to adapt. We can help you pursue or defend against custody modifications to ensure the arrangement continues to serve the child’s best interests.

Parental Relocation

When a parent wishes to move with a child, it can create significant challenges for the custody arrangement. We assist parents in seeking court approval for relocation or contesting a move that isn’t in the child’s best interests.

Parental Alienation

When one parent attempts to damage the child’s relationship with the other parent, it’s called parental alienation. This behavior can harm both the child and the parent-child bond. We provide strong legal support to address and resolve these issues.

Grandparent & Third-Party Rights

In some cases, grandparents or other third parties may seek custody or visitation rights. While parents have constitutional rights to their children, third parties may be granted rights if they can prove a significant relationship with the child and meet specific legal standards.

The best interest of the child standard applies in all child custody cases. However, in a case between a parent and a nonparent, the nonparent must prove that the parent has waived the parent's constitutional rights before the court can reach the best interest of the child determination. A parent waives the constitutionally protected rights by being unfit, neglecting the welfare of the child, or acting in a manner inconsistent with the parent's protected parental status.

A grandparent may seek visitation when the child has been adopted by a stepparent or relative if the grandparent has a substantial relationship with the child. A grandparent may also seek visitation with a child under certain circumstances when there is an ongoing custody dispute between the child's parents.

Fathers’ Rights

One common misconception is that mothers have superior rights with respect to custody of minor children and fathers have more limited rights.  Fathers often feel a a sense of defeat or hopelessness when it comes to establishing child custody.

North Carolina's child custody laws are gender neutral. As such, fathers have the same rights as mothers. The standard for determining child  custody is the "best interest of the child".

The best interest of the child standard applies to the physical custody schedule as well as legal custody. Legal custody addresses how major decisions such as education, religion and medical treatment will be decided.

Under most circumstances, both parents should be an active participant in the decision-making process when it comes to their children. Likewise, both parents should have the opportunity to spend as much time as possible with their children.

Why Choose The Goodman Law Firm?

At The Goodman Law Firm, we understand that every family’s situation is unique. Whether you’re seeking joint custody, modifying an existing arrangement, or addressing complex issues like relocation or alienation, we provide the knowledge and support you need to protect your children and your parental rights.

Q&A: What Parents Like You Ask

What is the difference between legal and physical custody?

Legal custody refers to the right to make significant decisions about the child's life, such as those related to education, healthcare, and religious upbringing. Physical custody pertains to where the child resides and the day-to-day care provided. Both legal and physical custody can be awarded solely to one parent or jointly to both parents. ​

Can custody arrangements be modified?

Yes, custody arrangements can be modified if there is a substantial change in circumstances affecting the child's welfare. Examples include a parent's relocation, changes in the child's needs, or concerns about the child's safety. To pursue a modification, a motion must be filed with the court outlining the significant changes and reasons for requesting the adjustment. ​NC DHHS North Carolina Courts

What does "the best interest of the child" mean in North Carolina?

This standard considers factors like the child’s safety, emotional well-being, and each parent’s ability to meet their needs. The court evaluates the child’s relationship with each parent and other relevant circumstances.

Do fathers have the same custody rights as mothers in North Carolina?

Yes, North Carolina law is gender-neutral. Fathers have the same rights as mothers, and custody decisions are based on the best interest of the child.‍

How is parental alienation handled in custody cases?

Parental alienation, when one parent attempts to harm the child’s relationship with the other, is taken seriously. Courts may adjust custody arrangements to protect the child and restore the parent-child relationship.

Who can file for child custody in North Carolina?

Any parent—whether separated, divorced, or never married—can file for custody. Additionally, third parties such as grandparents or others who have cared for the child may seek custody or visitation under certain circumstances, typically by demonstrating that the parents are unfit or have acted inconsistently with their parental rights. ​North Carolina Courts

How is child custody determined in North Carolina?

Courts prioritize the best interests of the child when determining custody arrangements. Factors considered include each parent's ability to provide for the child's physical, emotional, educational, and social needs; the child's relationship with each parent; and any history of domestic violence or substance abuse. The goal is to ensure a stable and supportive environment for the child. ​

What is the role of mediation in child custody cases?

In North Carolina, custody mediation is a mandatory process designed to help parents reach a mutually agreeable parenting plan without court intervention. A neutral mediator facilitates discussions focusing on the child's best interests. If an agreement is reached, it can be submitted to the court for approval, becoming an enforceable custody order. ​

Do grandparents have visitation rights in North Carolina?

Grandparents may seek visitation rights in certain situations, particularly when there is an ongoing custody dispute between the parents. However, North Carolina law does not automatically grant visitation rights to grandparents; they must demonstrate that such visitation is in the best interests of the child. ​North Carolina Courts

How does relocation affect child custody orders?

If a custodial parent plans to relocate, it can significantly impact existing custody arrangements. The relocating parent must provide notice to the other parent, and if an agreement cannot be reached, the court may intervene to determine whether the move serves the child's best interests. Factors considered include the reason for relocation, its impact on the child's relationship with the non-relocating parent, and how it affects the child's overall well-being. ​North Carolina Courts

What should I do if the other parent violates our custody order?

If the other parent fails to adhere to the custody order, you can file a motion for contempt with the court. The court may enforce the order through various means, including modifying the custody arrangement or imposing sanctions on the non-compliant parent. It's advisable to document all violations and seek legal counsel to address the issue appropriately. ​

At what age can a child decide which parent to live with in North Carolina?

While there is no specific age at which a child's preference becomes determinative, North Carolina courts may consider the wishes of a child who is of sufficient age and maturity. However, the child's preference is just one factor among many, and the court will always prioritize the child's best interests when making custody decisions. ​Cordell & CordellNorth Carolina Courts

Is it necessary to have a lawyer for a child custody case?

While it's possible to represent yourself in a custody case, navigating the legal complexities can be challenging. An experienced family law attorney can provide valuable guidance, help protect your rights, and advocate effectively for your interests and those of your child. Legal representation is particularly important in contested cases or when significant issues such as relocation or allegations of unfitness are involved.​

Please note that child custody laws and procedures can be complex and subject to change. For personalized advice and representation, consider consulting with The Goodman Law Firm to address your specific situation.