NCASW Conference
Child Custody in North Carolina
What are the laws, what can parents expect to encounter, and what is best for the children?
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Frequently Asked Questions
Does my child get to decide which parent they live with?
Only when their choice reflects what both parents would like – if not in agreement, this becomes more complicated and the child most likely will not get to choose.
Can my spouse prevent me from seeing my children? (Under what conditions?)
Most North Carolina judges support joint custody so that children have some time with both parents. Spouses are only barred from seeing their children altogether in cases where a parent could cause harm to the child, whether by neglect, abuse, or excessively poor decision making.
What is shared custody vs joint custody? (Is it always 50/50?)
Shared custody and joint custody essentially mean the same thing. While it can refer to any arrangement where both parents consistently see their children, whether 60/40 or 90/10, judges often prefer to award 50/50 custody whenever possible.
What factors could cause a parent to lose custody?
Parents who have abused their partner or child or suffer from a drug, alcohol, or gambling addiction may lose custody of their children if they cannot prove they have taken steps to improve themselves.
Will I receive child support if I have custody?
Child support can be determined by our child support calculator, found at rosen.com/childcalculator.