A common question that comes up in child custody cases is, “how does the court determine custody?” Under North Carolina General Statute 50-13.2A, the court must decide child custody by evaluating what will promote the best interest and welfare of the child.

There are many factors that the court will take into consideration when evaluating a custody case. Since there are so many, a judge is required to consider every relevant factor presented as evidence when ruling on a custody case. While North Carolina Law does not list all factors that a judge will consider, below are a few common examples:

  • Where each parent currently lives and the other members of each parent’s household
  • The safety of the child
  • Each parent’s ability to provide the child with stability
  • Each parent’s relationship with the child
  • The participation of each parent in the child’s life
  • Each parent’s ability to provide for the moral well-being of the child

In North Carolina, the law does not presume that either the mother or father will be preferred in a custody dispute. As long as a parent can provide a stable environment for the child that fosters growth and development, the parent is likely to receive some form of custody. 

If you or someone you know is in need of child custody counseling, contact one of Hatcher Law Group’s experienced family law attorneys today.