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Custody And Parenting Time

G.S. 50-13.2 — the child's best interest, and no presumption for either parent

In North Carolina, custody goes to whoever will best promote the child's interest and welfare. The court considers every relevant factor, including domestic violence between the parties and the safety of the child and of each party, and its order includes written findings on each.

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No presumption between parents. Between parents, natural or adoptive, no presumption applies as to who will better serve the child. Joint custody is considered whenever either parent asks, and the court may also grant exclusive custody, or custody to two or more people or agencies.

A party who is absent or relocates, with or without the children, because of an act of domestic violence does not have that weighed against them in custody or visitation. Unless a court orders otherwise, each parent has equal access to the child's health, education and welfare records.

A custody order may give visitation to a grandparent as the court thinks appropriate.

Sources for this section (1)
  1. G.S. 50-13.2 — Who is entitled to custody; terms of custody

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed North Carolina attorney.

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