Child Custody and Visitation

One of the most important aspects of any divorce is the stabilization of the children. Divorce brings a lot of uncertainty and instability to the lives of the party and the lives of the children. It is important to get a custody order in place regarding the children as soon as possible in order to bring stability back to their lives and ensure that their transition is as smooth as possible.

A custody order will detailed the type of custody that the parties have such as joint custody, shared custody, or sole custody, as well as the visitation schedule for the non-custodial parent. It will also outline the rights and responsibilities as it relates to the parties so that each parent knows what it expected of them throughout the process and it will make it easier to co-parent effectively.

Joint Custody – This is the most common form of child custody. Under Joint Custody, one parent will have primary custody and the other parent will have secondary custody with reasonable visitation. This visitation typically consist of every other weekend, sometime during the summer, and alternating holidays; however, the parties are always free to agree on the schedule that works best for their family.

Shared Custody – Under shared custody, the parties have equal time with the child. This is a lot less common.

Sole Custody – When a parent is granted sole custody it means that the child will live with one parent and that same parent will have all of the decision making power. However, the other parent may still be allowed to have visitation depending on the facts and circumstances.

Relevant Statutes

• N.C. Gen. Stat. §50-13.1. – Action or proceeding for custody of minor child.
• N.C. Gen. Stat. §50-13.2 – Who is entitled to custody, terms of custody, visitation rights of grandparents, taking child out of State, consideration of parent’s military service.
• N.C. Gen. Stat. §50-13.2A – Action for visitation of an adopted grandchild
• N.C. Gen. Stat. §50-13.3 – Enforcement of order for custody.
• N.C. Gen. Stat. §50-13.4 – Action for support of minor child enforcement of order for custody.
• N.C. Gen. Stat. §50-13.5 – Procedure in action for custody or support of minor children.
• N.C. Gen. Stat. §50-13.6 Counsel Fees in actions for custody and support of minor children.
• N.C. Gen. Stat. §50-13.7 – Modification of order for child support or custody.
• N.C. Gen. Stat. §50-13.8 – Custody of persons incapable of self-support upon reaching majority.
• N.C. Gen. Stat. §50-13.9 – Procedure to insure payment of child support.
• N.C. Gen. Stat. §50-13.10 – Past due Child Support vested; not subject to retroactive modification; entitled to full faith and credit.
• N.C. Gen. Stat. §50-13.11 – Orders and agreements regarding medical support and health insurance coverage for minor children.
• N.C. Gen. Stat. §50-13.12 – Forfeiture of licensing privileges fo failure to pay child support or for failure to comply with subpoena issued pursuant to child support or paternity establishment proceedings.
• N.C. Gen. Stat. §50-13.13 – Motion or claim for relief from child support order based on finding of nonpaternity.
• N.C. Gen. Stat. §50A-101 – 349 – Uniform Child Custody Jurisdiction And Enforcement Act.
• N.C. Gen. Stat. §50A-350 – 396 – Uniform Deployed Parents Custody and Visitation Act.

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