In North Carolina, custody of minors is determined by the court applying what is called the "best interest" standard. If, after going through Custody Mediation, the parties haven't reached an agreement, the court intercedes. With the best interest standard, the court determines an arrangement that it believes will be in the best interest and welfare of the minor.
In making the determination as to custody, the court will consider the following factors: acts of domestic violence between the parents; the wishes of the child; the educational, physical, and emotional needs of the child; the capability of each parent to provide for the child; and the likely effect of any change in circumstances on the child.
All findings must be supported by fact and the court makes no presumption as to which parent will promote the best interest of the child. Once the court determines the arrangement that is in the best interest of the child, the court will grant custody to one or both parents and specify visitation times. The court can then alter the arrangement if it deems necessary.
The court can modify custody any time there is a substantial change in circumstances. The change can be either good or bad. For example, a court may deny custody or visitation to a parent if the parent uses drugs and are unemployed. If the parent can show at a later time that they are drug free and employed the court could find that a significant change of circumstances have occurred and alter the custody or visitation arrangement.
Alternatively, if a parent awarded custody initially has since become unemployed and a drug addict the court could find that a significant change in circumstances has occurred and remove custody.
Looking for a child custody lawyer in North Carolina? Call the Law Offices of David P. Sheehan for help with your custody matters.
