Custody issues are complicated. Parents who divorce or never marry must divide both legal and physical custody of the children they have in common. Although some parents can work together, others fail to see eye to eye, especially if one parent has neglected a child or been abusive.
North Carolina doesn’t recognize the concept of “full custody.” That isn’t a term the courts use. However, many people who tell us they want full custody are really describing “sole custody,” which means the exclusive right to raise a child by themselves. Contact Remington & Dixon today to speak with a Charlotte, NC child custody lawyer. We have represented hundreds of parents in custody proceedings.
There is No Definition of Full Custody in NC
Custody in our state consists of:
- Legal custody. This is the right to have a say in the important decisions involving your child, such as where they go to school and what medical treatment they receive.
- Physical custody. This is the right to have possession of your child. In other words, the child lives with you for a percentage of the year.
Under North Carolina General Statutes 50-13.2, the court will award custody to the person who can best promote the child’s best interests. However, the court will consider joint custody if either parent requests it.
In our experience, courts usually try to award joint custody if at least one parent submits a request and there are grounds for doing so. The general policy seems to be to include each parent in the child’s life.
Physical custody does not mean a 50/50 split. That might not be realistic, especially if parents live far apart. Sometimes, one parent may be the primary custodian, meaning they have more than 50% of the overnights. In those cases, the other parent gets considerable time with the child, often during summer vacation or during school breaks.
There is no definition of full custody in North Carolina. However, many parents think it means “sole” custody. When a parent has sole custody, they have the exclusive right to decide their child’s upbringing, including school, religious training, and medical care. Similarly, the other parent might have only supervised visitation, or no visitation at all.
How to Get Full Custody in NC
If you want sole custody, you should discuss this option with a lawyer. Judges in North Carolina do not usually grant sole custody unless one parent is deemed to be an unfit parent. Instead, the usual routine is for judges to award legal custody to one or both parents and then divide physical custody between the parents.
If you want sole custody, you need to convince a judge that it is in the child’s best interest. Some considerations include:
- Each parent’s mental and physical health;
- Any history of domestic violence from either parent;
- A parent’s substance abuse;
- Each parent’s relationship with the child to that point;
- Each parent’s ability to provide for a child’s welfare;
- Other relevant factors.
For example, you might request sole custody if the other parent has never been around your child or if there is a history of domestic violence.
How hard is it to get sole custody? Usually, it is very difficult. A judge must be convinced that it’s not healthy for your child to see the other parent or to see them for very long.
Steps to Take to Request Sole Custody
You should meet with a lawyer to discuss whether this is your preferred approach. You would request sole custody when filing your paperwork in court.
- File a custody complaint in the relevant district court. If you are divorcing, you can request custody as part of the divorce process.
- Request sole custody of the children
- Gather evidence in support. If the other parent objects (and they probably will), you will need to present evidence to the court.
- Attend custody mediation, if required.
- Present evidence at the court hearing. A judge will decide custody, not a jury.
This is only a general overview. We can talk in greater detail about what evidence is helpful. If your ex is abusive, you should find police reports, hospital or medical records, and witnesses who can back up your story. If your child has special needs that only you can meet, then we can work with your child’s pediatrician or teachers to explain those needs.
Reach out to our office. We need as much time as possible to bring a compelling case. Convincing a judge to grant sole custody is a high bar. Only the strongest cases will be successful.
Schedule Your Consultation with Remington & Dixon, PLLC
Remington & Dixon, PLLC, is happy to meet with any parent to discuss sole custody in NC. We use our vast experience in family law to analyze the legal issues and then identify the best arguments to make in court to a judge. Our firm can discuss whether you have a strong change of obtaining sole custody, as well as what evidence will prove fruitful. Contact us at 704-247-7110 to schedule your private consultation with a child custody lawyer in Charlotte, NC. We help those in the 28207 zip code and nearby communities, including Mecklenburg, Cabarrus, and Union County.
