How to Win Child Custody in North Carolina

With proper preparation, you can win a child custody case in North Carolina.

Child custody laws in North Carolina charge judges with making the determination based solely upon the child's best interests. The judge will consider all types of factors when making a decision regarding legal and/or physical custody. No party is automatically favored. If you want to win child custody in North Carolina, you must prove to the judge it is in the child's best interests to be with you.

Things You'll Need

• Mediator
• Witnesses, lay and/or expert, who know you and the child
• Divorce or custody petition

Instructions

1. Prepare a divorce or custody petition asking for physical or legal custody of your child in the North Carolina county where your spouse lives. File the petition with the clerk of court in that county and serve your spouse with a copy via certified mail or the county sheriff.

2. Attend domestic mediation with your spouse in the hope of agreeing to a custody arrangement. Many North Carolina courts will require such mediation before holding a formal custody hearing. There is no need to bring witnesses. During this process, the mediator will work with you and your spouse to come to your own custody decisions.

3. Schedule a court hearing for the judge to hear the case. Make certain to let your spouse know when this hearing will occur. At the hearing, present evidence in the form of documents and witness testimony that will convince the judge you are the best party to have physical and legal custody.

4. Tell the judge why it would be in the child's best interests for you to be named as custodial parent. Present financial documents (work pay stubs, tax returns, etc.) to show you can take care of the child's physical needs. Explain to the judge the history of your involvement in the child's life and what you have to offer the child.

5. Have witnesses testify on your behalf on the positive things about your relationship with the child and your involvement in the child's life. The court will be most impressed with the testimony of witnesses who have known you and the child for a long time and who have intimate knowledge of the type of person you are and your relationship with the child.

6. Have witnesses testify about reasons why custody should not be granted to the other parent. Such witnesses should include people who have knowledge of any negligent or abusive behaviors the other party has exhibited in parenthood. They may also testify about the other parent's inability to deal with the physical, emotional and/or psychological needs of the child.

7. Have expert witnesses tell the judge why it would be best for the child if custody is granted to you. Experts may include educators or doctors whose opinion is that you would be the best custodial parent, due to the child's needs.

Tips & Warnings

• Legal and physical custody in North Carolina can be either joint or sole.

• Winning a North Carolina custody case can be a complex undertaking. If you have any legal questions, consult with a family law attorney licensed to practice in the state.

References

• NC General Assembly: Child Custody Statutes
• Divorce Net: North Carolina Child Custody

Resources

• NC Child Support Enforcement