Child Custody

Child Custody General Information

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North Carolina requires that the court apply a “best interest of the child” test in determining who should be a custodial parent and what schedule should be had between the parties with their minor child. There is no presumption for custody to be with a mother. Pursuant to North Carolina law, both parties should be treated fairly and equally based upon what their actions, activities and involvement have been with the minor child or children throughout the child’s life. There is no age when a child may go to court and tell the court where the child wants to live. A child does not have the right to make the legal determination of custody in North Carolina. Only a judge can do that.

If the parties agree, however, a court will adopt most agreements of parties; however, if the parties cannot agree and you must go to court, then you will be allowing the determination of custody to be made by a judge. Prior to that, North Carolina parents are required to attend court-ordered mediation to attempt to work out their differences.

The parties can agree to a resolution of their custody situation and child support amount amongst themselves or allow a mediator to assist them in determining an appropriate custodial arrangement. There are a number of different areas that can be considered and suggestions that can be made by Benton Family Law to assist you in determining what may be in the best interest of your minor children.

Benton Family Law has significant experience in suggesting possible custodial arrangements for parties and allowing parents an opportunity to try to make decisions concerning the best interests of the children themselves.

However, if the parties are unable to resolve the custody issue themselves or with the help of attorneys, and court-mandated mediation on this key issue fails, Benton Family Law has vast trial experience in custody cases.