Child Custody Services at The Goodman Law Firm

Few issues are more emotional or impactful than child custody. Whether you’re navigating a custody dispute during divorce or addressing parenting concerns outside of marriage, we’re here to help you protect your child’s best interests and build a plan that promotes stability, development, and peace of mind.

What Is Child Custody?

Child custody refers to a parent’s rights and responsibilities concerning the care, decision-making, and upbringing of a child. North Carolina recognizes two main types of custody:

• Physical custody: Where the child lives and who handles daily caregiving responsibilities.

• Legal custody: Who makes major decisions for the child’s welfare, such as education, healthcare, religion, and extracurricular activities.

The term "custody" applies to custody and visitation, as visitation is a lesser form of custody. Custody arrangements may be agreed upon by parents or decided by a court. Even if parents reach an agreement outside of court, the arrangement should be formalized into a court order to ensure it is legally enforceable.

Types of Child Custody Arrangements

Physical Custody 

Physical custody refers to where the child lives and who is responsible for their day-to-day care. It can be:  

• Joint Physical Custody: The child spends significant parenting time with both parents. This doesn't necessarily mean an equal 50/50 split, as arrangements vary based on each family's circumstances. The court considers the child’s needs, each parent’s circumstances, and their ability to communicate and cooperate. When parents can work together effectively, joint custody can provide stability, continuity, and a strong connection to both parents.

• Primary Physical Custody: In some cases, the court may decide it’s in the child’s best interest for one parent to take on most of the day-to-day caregiving. This arrangement is often considered when joint physical custody isn't feasible due to communication difficulties, safety concerns, limited co-parenting ability, or other practical challenges.

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Legal Custody 

Legal custody refers to a parent’s authority to make significant decisions affecting the child’s upbringing, including education, healthcare, religion, and extracurricular activities. Legal custody may be:

• Joint Legal Custody: Both parents share decision-making responsibilities and must collaborate on major decisions affecting the child.

• Sole Legal Custody: One parent has the authority to make major decisions independently. The court may award sole legal custody when joint decision-making is impractical or conflicts significantly with the child’s best interest, such as in situations involving significant conflict, poor communication, or safety concerns.

In most cases, North Carolina courts favor joint legal custody if parents demonstrate an ability to effectively communicate and cooperate regarding their child’s needs.

Determining Custody: The Best Interests of the Child

In North Carolina, child custody is determined based on the best interests of the child, a broad standard allowing the court to consider any factor relevant to the child’s welfare. Unlike some states, North Carolina does not have a fixed checklist of specific factors. Instead, judges have the flexibility to look comprehensively at the family’s circumstances.

Common considerations include, but are not limited to:

• Historical parenting roles, including whether one parent has served as primary caregiver.
• Each parent's involvement and relationship with the child.
• The child’s special needs, if any.
• The parents’ work schedules and availability to provide care.
• Each parent’s ability and willingness to communicate effectively and co-parent cooperatively.
• Any history of domestic violence or safety concerns.
• Whether one parent has unreasonably limited the other’s access to the child.
• Any other factor that may impact the child’s present or future welfare.

North Carolina’s public policy strongly promotes the involvement of both parents whenever possible, recognizing that children generally benefit from meaningful relationships with each parent. Parents should not have to fear uncertainty regarding their relationship or visitation schedule with their child.

At The Goodman Law Firm, we are committed to ensuring that your voice is heard and your child’s well-being remains at the heart of every custody decision.

Custody Modifications

Life circumstances can change significantly after a custody order is established, making the original arrangement impractical or no longer in the child's best interests. At The Goodman Law Firm, we help parents pursue or defend against custody modifications to ensure the arrangement continues to support your child’s well-being.

Parental Relocation

When one parent seeks to relocate—particularly when the move significantly impacts the existing custody arrangement—the court must evaluate whether this change serves the child’s best interests. We assist parents in both requesting permission to relocate and challenging relocations that could negatively affect the child’s stability, relationships, and overall welfare.

Parental Alienation

Parental alienation occurs when one parent tries to negatively influence or undermine the child's relationship with the other parent. This can cause long-lasting emotional harm to the child and severely damage the parent-child bond. At The Goodman Law Firm, we offer strong legal representation to address parental alienation, protecting your rights as a parent and safeguarding your child’s emotional health.

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

Fathers play a critical role in their children’s lives, yet often face unique legal challenges in custody disputes. 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 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 equal legal rights to custody and visitation as mothers. However, establishing and protecting these rights can sometimes require proactive legal steps, particularly for unmarried fathers or fathers facing disputes over custody and visitation. 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.

The Goodman Law Firm is committed to ensuring fathers have fair and meaningful opportunities to remain actively involved in their children’s lives, advocating strongly to uphold your parental rights.

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.