Child custody & Support

In North Carolina, a judge must decide custody by determining what will “promote the best interest and welfare of the child.” This can involve many factors including, but not limited to:

• The relationship the child has with each parent
• The emotional and physical health of each parent
  
• Whether or not the parent can provide the child with a stable life
  
• Whether the parents are willing to work together and allow the child to have a relationship with both parents
  
• History of domestic violence, abuse, or criminal behavior by either parent
  

North Carolina courts do not prefer mothers over fathers in custody disputes.

Generally speaking, child custody is the right to have a child in your care (physical custody) and make decisions on your child's behalf, such as medical, educational, religious, and extracurricular activities (legal custody). Both physical custody and legal custody can be shared by two parents or be awarded solely to one parent.

If parents share joint legal custody, then they must work with one another to make major life decisions. A parent with sole legal custody, on the other hand, can make decisions without the other parent’s consent.

The term physical custody refers to how many overnight visits each parent spends with the minor children each calendar year. Various terms to describe this relationship are used interchangeably, depending on the situation, to include primary physical custody, secondary physical custody, joint physical custody, and sole physical custody. A physical custody schedule outlines the schedule for the year to include holidays, summer breaks, and school year parenting time.

Legal custody may look different from one family to the next. Who is awarded legal custody really depends on the specific facts of a case. For example, a judge may order joint custody wherein parents must make decisions together and agree on major changes to the child's current lifestyle. However, a judge may also order that one parent has final decision-making authority if an agreement cannot be reached regarding major issues effecting the minor children. In other situations, a judge will give one parent final decision-making authority on some major issues and give the other parent final decision-making authority on the remaining issues.

The North Carolina Child Support Guidelines are used to determine the amount of support that should be paid depending on each family’s financial situation.

Judges generally order child support consistent with the guidelines unless applying the required child support would not adequately meet the needs of the child, would exceed the needs of the child, or would be unjust and inappropriate depending on the circumstances.

There are other instances in which the guidelines would not be applied. For example, a parent can file a Notice of Intent to Deviate from the North Carolina Child Support Guidelines. In addition, the guidelines only apply to parties with a combined annual income of less than $300,000.00.
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Click here for more information about North Carolina’s child support guidelines and worksheets to help you calculate child support obligations.

When a parent fails to pay court ordered child support, the consequences can be severe. A court may hold a non-paying parent in contempt of court. The non-paying parent can even be arrested and face jail time.

Yes. Both custody and child support orders can be modified due to “changes in circumstances.” For example, child support orders may be changed if one parent loses their job, or has a substantial reduction or increase in income. However, modifying a court order can be challenging. Should you believe that a change in your circumstances warrants a modification, speak with an experienced family law attorney.

At Routh Law, Kelly Routh and our team are experienced, full-service family law professionals. From divorce to child custody, we’re here to help. If you need assistance with child custody and support, contact us now to schedule a consultation.