How is Child Visitation Determined in a North Carolina Divorce?

Child visitation or custody arrangements in a North Carolina divorce are either settled by agreement between the divorcing parents or by a trial judge. Under North Carolina law, until there is a written agreement about child custody or visitation, each parent has "co-equal" rights to the child.

Custody or Visitation

In North Carolina, custody is the word usually used to describe the the award of primary physical time with the child and primary decision making authority. Visitation is a form of custody, but lesser and usually without decision making authority. When a trial judge is involved in resolving a custody dispute, it is unusual for the judge to split custody evenly because of the expectation that divorcing parents who could not agree on a custody arrangement will not be able to handle shared, joint decision making going forward.

Agreement is Best

The preferred method of determining custody and visitation is to have the divorcing parents create a custody arrangement that is acceptable to them. This agreement can be included in their separation agreement, if there is one. Some judges may refer couples to mediation to work out child custody arrangements.

It is widely felt that when the parents assist in crafting the arrangement, it is more successful for the child and for them in the years to come.

Court Decision

When parents cannot agree on child custody arrangements, a district court trial judge will make the final decision. The law allows judges in North Carolina a great deal of discretion to create a custody arrangement that is in what the judge believes to be the best interests of the child or children.

Judges can take the following into consideration, although nothing below is binding:

age of the child (mothers do not have a legal advantage in North Carolina)
child's wishes
past behavior/criminal records of both parents
amount of time each parent will be able to spend with the child
relationship the child has with each parent
the type of home that can be provided for the child

Grandparent's Rights

Grandparents have the right to intervene in a custody case during the time before a final decision is made. Grandparents may be granted separate visitation rights to see their grandchildren if the court determines that they have a sufficient beneficial relationship with the child and that such visitation will be in the child's best interest.

Get Legal Help

If you are contemplating a separation or divorce, and there are children involved speak to an attorney to learn more about the laws in North Carolina governing child custody and what you can do to ensure your child's best interests are served during this difficult time. If you are a grandparent who wants to protect your relationship with your grandchildren after a divorce, seek legal advice early. An experienced family law attorney can explain the law, answer your questions and protect your rights.

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