There are two types of custody in North Carolina. The first is legal custody. This refers to decision making authority regarding major decision such as health, welfare and education of a child. Legal custody can be held by one parent (sole legal custody) or it can be held by both parents (joint legal custody). The second type of custody is physical custody. This refers to where a child will live and how often visitation will occur. Like legal custody, physical custody can be vested with one parent (primary custody) or it can be shared equally between both parents (joint custody).
In determining custody, the standard applied by the Court is “the best interest of the child.” A Court considers numerous factors in making this decision such as the parent’s role in caretaking, the age of the child, the availability of each parent, and misconduct on the part of either parent. Since “best interest” is the standard, a change in circumstances will allow for modification of an existing child custody order.
Contact Cristina Quantock today for more information regarding child custody.