Understanding Child Custody in North Carolina: Physical vs. Legal Custody
Navigating child custody during a divorce can be one of the most emotionally challenging aspects for families. In North Carolina, child custody is divided into two distinct categories: physical custody and legal custody.
Understanding how these categories work is essential for parents seeking to establish a stable, loving environment for their children. Below, we break down the differences between physical and legal custody and explain how the courts determine custody arrangements in our state.
Physical Custody: Where Will the Child Live?
Physical custody refers to where the child will live on a day-to-day basis. North Carolina offers several options for physical custody arrangements:
- Sole Physical Custody: This means one parent is the primary caregiver, and the child resides with them the majority of the time. The other parent may be granted visitation rights, depending on the circumstances.
- Joint Physical Custody: Both parents share substantial time with the child, although this does not necessarily mean the time is equally split. Joint custody arrangements can be flexible, allowing both parents to play an active role in the child’s life.
Legal Custody: Who Makes Major Decisions?
Legal custody, on the other hand, determines which parent has the authority to make important decisions regarding the child’s upbringing, such as choices about their education, healthcare, and religious practices. The two main types of legal custody are:
- Sole Legal Custody: In this scenario, one parent has the exclusive right to make significant decisions about the child’s welfare.
- Joint Legal Custody: Both parents share decision-making responsibilities. This requires a high level of cooperation between parents, as major decisions should be made jointly in the best interests of the child.
Factors the Court Considers in Custody Cases
In North Carolina, the court’s primary concern is the best interests of the child. Judges consider various factors, including the child’s relationship with each parent, each parent’s ability to provide care, and the stability each parent can offer. Notably, North Carolina does not favor one parent over the other based on gender, meaning both mothers and fathers are given equal consideration.
Modifying Custody Arrangements
It’s important to note that custody arrangements aren’t set in stone. If there is a significant change in circumstances, such as a parent’s relocation or a shift in the child’s needs, either parent can petition the court for a modification of the custody agreement.
Contact Schulz Stephenson Law for Help with Child Custody Matters
At Schulz Stephenson Law, we understand the complexities and emotional strain of child custody cases. Whether you are seeking physical or legal custody or need to modify an existing arrangement, our experienced family law attorneys are here to guide you every step of the way.
To learn more about how we can help, or to schedule a consultation, call us today at 252-728-7300 or visit our office in Beaufort, NC. Let us provide the legal support you need during this challenging time.