CasewellThe law in plain words
Under N.C.G.S. § 50-13.2, custody goes to whoever "will best promote the interest and welfare of the child." Between the parents, "no presumption shall apply."
Wondering who usually ends up with custody? Our page on the chances of getting full custody in North Carolina explains what the figures can and cannot show.
Legal custody and physical custody
The North Carolina Judicial Branch splits custody into two parts.
- Legal custody: the right to make major decisions, such as school or a big medical procedure.
- Joint legal custody: parents must consult each other on those decisions. If they cannot agree, a court may decide.
- Sole legal custody: one parent decides without consulting the other.
- Physical custody: the right to have the child in your care, all or part of the time.
- Primary and secondary physical custody: the child lives mostly with one parent and spends set times with the other.
- Visitation: a limited form of custody, such as every other weekend.
The statute itself speaks of "joint custody" and "exclusive custody." "Full custody" is a common phrase, not a legal term. Unless a court says otherwise, each parent can see the child's health, school and welfare records.
Is North Carolina a 50/50 state?
No. North Carolina has no presumption of equal time or of joint custody.
- Joint custody on request: if either parent asks, the judge must consider joint custody. Considering it does not mean ordering it.
- Equal time is possible: the courts' own guide lists an equal split, with the child alternating homes, as one option.
- Sole custody is possible too: the order can give one person exclusive custody.
A 2025 bill, Senate Bill 162, would have presumed joint custody and shared parenting. It was filed in February 2025 and has not become law. As of October 2026, the statute has not changed.
North Carolina custody factors: what judges weigh
North Carolina's statute has no numbered list of best-interest factors. It names a few things the judge must weigh, and leaves the rest to the facts.
Under § 50-13.2, the court must consider:
- any acts of domestic violence between the parties
- the safety of the child
- each party's safety from domestic violence by the other
- all other relevant factors
The order must include written findings showing the judge weighed each of these. The Judicial Branch says judges often look at:
- Living arrangements: where each parent lives and who else is in the home.
- Ability to care: each parent's ability to meet the child's daily needs.
- Relationships: the child's bond with each parent.
- Anything else: other facts that affect the child's welfare.
A parent's failings as a partner usually matter only if they affect parenting. State policy in § 50-13.01 also favors both parents staying involved, when that serves the child.
Your child's preference
North Carolina sets no age at which a child chooses. A judge may hear what the child wants, and decides how much weight it gets.
- Age of discretion: before hearing a child's preference, the judge must find the child mature enough and aware of the duty to tell the truth.
- Teenagers: judges often weigh a teen's wishes, but are not bound by them.
- In chambers: many judges talk with a child privately, away from both parents.
Bringing a young child to testify can reflect on your judgment. Custody orders end when the child turns 18.
Mothers' and fathers' rights
Neither parent starts ahead. The courts' guide says either parent can get custody of a child of any age.
- No presumption: § 50-13.2 bars any presumption between parents, whether birth or adoptive.
- Child support is separate: custody rights do not depend on paying support. A judge may still weigh a refusal to pay.
- Visitation limits: before denying reasonable visitation, the judge must find in writing that the parent is unfit, or that visits would not serve the child.
- Rape and conception: a person convicted of rape, where the crime led to the child's conception, cannot claim custody of that child.
A parent's past or future military deployment cannot be the only reason for a custody decision.
If you were never married
With no court order, both legal parents have equal rights to the child, the Judicial Branch says. A legal parent is someone named on the birth certificate, in a court order or in an affidavit of parentage.
An unmarried father who is none of these has no enforceable custody rights yet. He can become a legal parent in three ways:
- Affidavit of parentage: both parents sign a sworn form. Either signer can cancel it within 60 days, or before a paternity or support order, if sooner.
- Paternity case: under § 49-14, a civil case can be filed any time before the child turns 18. The evidence must be clear, cogent and convincing.
- Legitimation: under § 49-10, a father can file a special proceeding in superior court asking that the child be declared legitimate.
Once paternity is established, § 49-15 gives both parents the same custody rights as married parents. Either parent can then file a custody case.
Domestic violence and protective orders
Domestic violence shapes a North Carolina custody case in several ways.
- Required findings: the judge must weigh any acts of violence and everyone's safety, and put findings in the order.
- Protecting victims: if violence occurred, the order must protect the child and the parent who was harmed.
- Leaving home: fleeing or moving because of violence cannot count against you on custody or visitation.
A domestic violence protective order, under Chapter 50B, is a separate civil case. Filing and service are free.
- Who can file: people who have a child in common, current or former spouses and household members, among others.
- Temporary custody: the order can award temporary custody and set safe visitation, such as supervised time or protected exchanges.
- How long: custody under a protective order lasts no more than one year. The protective order itself lasts up to one year and can be renewed.
Since December 1, 2025, a person living outside North Carolina can also file for acts that happened in the state.
Emergency custody in North Carolina
An emergency custody order, often called an "ex parte order," is a short-term order made without hearing from the other parent first. There are two main routes.
In a custody case. Under § 50-13.5(d), a judge can change where a child lives before the other parent is served only if:
- the child faces a substantial risk of bodily injury or sexual abuse, or
- there is a substantial risk the child will be taken out of North Carolina to avoid its courts
A hearing must then be scheduled so both parents can be heard. An order telling police to collect the child must come with a warrant.
In a protective order case. Under § 50B-2, the risk can be physical or emotional injury, or sexual abuse.
- Fast hearing: if you file without a lawyer, the clerk must set the ex parte hearing quickly. That means within 72 hours, or by the end of the next court day if sooner.
- After hours: an authorized magistrate can hear the request if no judge will be available for at least four hours.
- Full hearing: it is held within 10 days of the order, or 7 days after service, whichever is later.
The courts suggest a lawyer for emergency custody, because the process is complex.
Moving with your child
No North Carolina statute we found requires notice before a parent moves with a child. Your custody order may set its own rules, so read it first.
If the other parent objects, courts apply Ramirez-Barker v. Barker (1992). A move by itself is not a substantial change. A move that is likely to harm the child is.
The judge then decides what serves the child, weighing factors such as:
- how the move could improve the child's life
- why the moving parent wants to go
- whether that parent will follow visitation orders from out of state
- the other parent's reasons for objecting
- whether a realistic visitation schedule can keep the bond with the other parent
Calls and video chats can add to visits, but cannot replace them or justify a move. When an order lets a child leave the state, a judge can require a bond for the child's return.
Moving to a neighboring state? Its custody rules may differ. Read our guides for Georgia, South Carolina, Tennessee and Virginia.
Changing custody
Under § 50-13.7, a custody order can be changed by filing a motion in the existing case.
The Supreme Court set out the test in Shipman v. Shipman (2003):
- a substantial change in circumstances since the last order
- that the change affects the child's welfare
- that a new order would serve the child's best interests
The change can be good for the child, not only harmful. A temporary order is easier to change. You can usually just ask for another hearing.
If a parent ignores the order, you can file a Motion for Order to Show Cause or a Motion for Contempt. Penalties can include fines, jail or paying your lawyer's fees.
Custody mediation is required
Under § 50-13.1, contested custody and visitation cases go to the state's Custody and Visitation Mediation Program. Requests to change an order go there too.
- Orientation: a group class first, usually within 30 days of the referral.
- The session: up to two hours with a court mediator. Lawyers do not attend.
- Cost: free.
- Private: what is said in mediation stays out of court, except for abuse concerns, threats or crimes.
- The result: an agreement becomes a Parenting Agreement. Once a judge signs it, it is a court order.
Mediation covers custody and visitation only, not child support. A judge can excuse you for good cause, such as abuse, addiction or living over 50 miles away. You must file a Motion and Order to Waive Custody Mediation.
How to file for custody in North Carolina
North Carolina must usually be the child's home state. That means the child lived there with a parent for the six months before filing.
- Choose the county. File where the child lives or is present, or where a parent lives. If a divorce case is open, custody joins that case.
- File a complaint with the clerk of court for district court. Pay the fee, or ask to sue as an indigent.
- Serve the other parent, usually by sheriff or certified mail. They have 30 days to file an Answer.
- Attend mediation and orientation.
- Ask for a hearing if mediation does not settle everything.
Grandparents and other nonparents can file in limited cases. They must usually show the parents are unfit, or acted inconsistently with their rights as parents. The Judicial Branch custody page links to Legal Aid of North Carolina's custody clinic.
How much does it cost to file for custody in North Carolina?
Civil court costs are set by statute, in § 7A-305 and § 7A-311.
| Filing | Fee |
|---|---|
| Custody complaint in district court | $150 |
| Absolute divorce complaint | $225 |
| Counterclaim for custody by the other parent | $150 |
| Notice of hearing on most motions | $20 |
| Sheriff service, per item | $30 |
| Custody mediation | Free |
| Domestic violence protective order | Free |
These are the statutory amounts, last checked October 27, 2026. Confirm them with the clerk before filing. If you cannot afford the costs, file an affidavit asking to sue as an indigent. The clerk must allow it if you receive food and nutrition benefits, Work First or SSI.
What changed recently
The core custody section, § 50-13.2, has had only wording edits lately. Most recent changes are in related laws.
- December 1, 2025: people living outside North Carolina can seek a protective order for acts that happened in the state.
- July 2, 2025: a courts law said clerks send protective order papers to law enforcement for service only within North Carolina.
- 2025: Session Law 2025-25 made wording-only edits to section 50-13.2.
- February 25, 2025: Senate Bill 162 proposed a joint custody and shared parenting presumption. It has not become law.
- December 1, 2024: custody filers must disclose convictions for human trafficking, servitude or sexual exploitation of a minor, not only sexually violent offenses.
Last checked October 27, 2026. Laws can change, so check before you rely on this.
Building the record
North Carolina judges must base custody orders on written findings, with safety and the child's welfare at the center. Those findings come from dates and details, not adjectives.
Note each exchange, school task and doctor visit as it happens. Casewell keeps those notes and the messages behind them together, so a lawyer can read a clear timeline.
Before you record a call or a handover, check whether you can record your co-parent in North Carolina.
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Is North Carolina a 50/50 custody state?
No. North Carolina presumes neither equal time nor joint custody. A judge must consider joint custody if a parent asks, and can order equal time when it serves the child.
Who has custody of a child if the parents are not married in North Carolina?
With no court order, both legal parents have equal rights. A father counts as a legal parent if he is on the birth certificate, signed an affidavit of parentage or has a court order.
How do I file for emergency custody in North Carolina?
You file a custody complaint and ask for an ex parte order. The judge must find a substantial risk of bodily injury, sexual abuse or the child being taken from the state.
Is custody mediation mandatory in North Carolina?
Yes, in most contested cases. Mediation through the court program is free. A judge can waive it for good cause, such as abuse or living over 50 miles away.
At what age can a child choose which parent to live with in North Carolina?
There is no set age. A judge may hear a mature child's preference, and often weighs a teenager's wishes, but makes the final decision.
How much does it cost to file for custody in North Carolina?
The statutory fee for a custody complaint in district court is $150, plus $30 per item for sheriff service. You can ask to sue as an indigent if you cannot pay.
Sources
This page summarizes North Carolina's General Statutes, recent session laws, Judicial Branch guidance and appellate decisions, as of October 2026. It explains the law in general terms and is not legal advice.
- N.C.G.S. § 50-13.2 — who gets custody, no presumption between parents checked
- N.C.G.S. § 50-13.1 — custody actions and mandatory mediation checked
- N.C.G.S. § 50-13.5 — procedure and ex parte custody orders checked
- N.C.G.S. § 50B-2 — emergency relief and temporary custody checked
- N.C.G.S. § 49-15 — custody once paternity is established checked
- N.C.G.S. § 7A-305 — costs in civil actions checked
- Ramirez-Barker v. Barker, 107 N.C. App. 71 (1992) — relocation checked
- Shipman v. Shipman, 357 N.C. 471 (2003) — modification checked
- North Carolina Judicial Branch — child custody checked
- North Carolina Judicial Branch — custody mediation checked