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Under North Carolina family laws, any parent of a minor child, relative, or third party can file a civil suit to obtain custody of a child. The exception to this law is a child’s biological father convicted of raping and impregnating the mother. Should the custody be contested, both parties are ordered by the court to go through mediation sessions at no cost.
An In-Depth Discussion of Child Custody by Gilpin & Hatcher, P.C.
The issue of custody is almost always the most litigated issue in family law. Even though issues of spousal support, child support, and equitable distribution are normally present, parents very naturally place the most emphasis on the issue of custody. There are several steps a court must take before it has the opportunity to hear a case dealing with custody.
Quick Facts on Child Custody by Gilpin & Hatcher, P.C.
There are two (2) types of custody: physical custody and legal custody.
You and your spouse can decide which of you will have custody of your children. If you are unable to resolve this question, then a court will resolve the issue of custody for you.

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When a case is contested, the best interests of the child determine child custody. Between the mother and father, whether natural or adoptive, no presumption applies as to who will better promote the interest and welfare of the child. The court considers acts of domestic violence between the parties, the safety of the child, and the safety of either party from domestic violence by the other party.

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