North Carolina Custody and Parenting Plans

North Carolina requires mandatory custody mediation in contested cases and uses a "best interest of the child" standard for all custody determinations under N.C.G.S. § 50-13.2. Whether you're divorcing or establishing custody through a separate action, understanding North Carolina's unique overnight thresholds and mediation requirements is essential for creating arrangements that serve your child's welfare.

This comprehensive guide walks you through North Carolina's custody framework, the critical 123/243-overnight thresholds that determine which child support worksheet applies, mandatory mediation procedures, and practical guidance for building effective parenting arrangements.

Types of Custody in North Carolina

Under N.C.G.S. § 50-13.2, North Carolina courts can award various custody arrangements:

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Legal Custody

Legal custody is the right to make major decisions about the child, including:

• Education choices (school selection, special services)
• Healthcare decisions (medical treatment, providers)
• Religious upbringing
• Extracurricular activities

Physical Custody

Physical custody means the right to have the child in your physical care. North Carolina recognizes:

• Primary physical custody: The child lives with one parent most of the time (243+ overnights per year); the other parent has secondary custody/visitation
• Joint/shared physical custody: Each parent has at least 123 overnights per year with the child
• Split custody: Different children live primarily with different parents

Both legal and physical custody can be either shared by the parents or held solely by one parent. Joint custody is considered upon the request of either parent.

Best Interest of the Child Standard

Under N.C.G.S. § 50-13.2, custody orders must "best promote the interest and welfare of the child." Key considerations:

• No parental presumption: Between the parents, no presumption applies as to who will better promote the child's interest
• Domestic violence: Courts must consider acts of domestic violence between the parties
• Safety: The safety of the child and either party from domestic violence must be considered
• Written findings required: Orders must include written findings reflecting consideration of these factors

Important: North Carolina courts have broad discretion in custody matters. There is no automatic presumption favoring mothers, fathers, or any particular custody arrangement.

Mandatory Custody Mediation

Under N.C.G.S. § 50-13.1, custody mediation is required before a contested custody hearing:

• Free of charge: Court-provided custody mediation is free to the parties
• Orientation required: Parents must attend a mediation orientation session
• At least one session: At minimum, one mediation session is required
• Waivers available: Courts may waive mediation for domestic violence, substance abuse, or when parties live 50+ miles apart
• Parenting agreements: Agreements reached in mediation and incorporated into court orders are legally binding custody determinations

Need a Deeper Analysis?

The schedule calculator above helps you explore different arrangements. For a comprehensive report covering support calculations, tax impacts, and negotiation leverage, get your full analysis here.

Critical Overnight Thresholds

North Carolina uses specific overnight thresholds that determine which child support worksheet applies:

243-Overnight Threshold (Primary Custody)

When one parent has the child for 243 or more overnights per year (approximately 66.5%), that parent has primary physical custody. The child support calculation uses Worksheet A.

123-Overnight Threshold (Shared Custody)

When each parent has at least 123 overnights per year (approximately 33.5%), the arrangement qualifies as joint/shared physical custody. The calculation uses Worksheet B, which applies a different formula recognizing that both parents have significant child-related expenses.

Split Custody

When different children live primarily with different parents, Worksheet C applies. Each child's support is calculated separately, then amounts are offset.

Parenting Agreements in North Carolina

North Carolina allows parents to reach custody agreements, often called "parenting agreements." Key elements to include:

• Physical custody schedule: Regular weekday/weekend schedule, holidays, school breaks, summer
• Legal custody allocation: Decision-making authority for education, healthcare, religion, activities
• Transportation: Who provides transportation and exchange locations
• Communication: How parents will communicate about the child; how the child can communicate with the other parent
• Right of first refusal: Whether a parent must offer childcare time to the other parent before using third parties
• Dispute resolution: Methods for resolving disagreements
• Relocation provisions: Notice requirements if a parent intends to move

Equal Access to Records

Under N.C.G.S. § 50-13.2, absent a court order to the contrary, each parent has equal access to the records of the minor child involving:

• Health records
• Education records
• Welfare records

Electronic Communication with Children

North Carolina law specifically addresses electronic communication:

• Electronic communication may be used to supplement visitation
• Electronic communication may not replace custody or visitation time
• The amount of electronic communication time cannot be used to calculate child support or justify relocation

Child Support and Custody

Your custody arrangement directly determines which child support worksheet applies. North Carolina uses the Income Shares model with Guidelines effective January 1, 2023 (next review scheduled for 2026):

• Combined income cap: $40,000/month ($480,000/year)
• Self-support reserve: $1,133/month (2022 FPL for one person)
• Minimum order: $50/month if obligor's adjusted gross income is under $1,150
• Medical costs: $250/child/year for uninsured medical built into the schedule
• Modification threshold: 15% difference + 3 years = presumption of substantial change

Temporary Custody Orders

Under N.C.G.S. § 50-13.5, temporary custody orders have specific requirements:

• No ex parte changes generally: Temporary orders changing living arrangements cannot be entered ex parte and prior to service of process
• Emergency exceptions: Ex parte orders allowed only when the court finds:
  • Substantial risk of bodily injury to the child
  • Substantial risk of sexual abuse
  • Substantial risk the child may be abducted or removed from the state

Modifying Custody Orders

Under N.C.G.S. § 50-13.7, custody orders may be modified:

• Changed circumstances: Modification requires a showing of changed circumstances
• Best interest: The modification must serve the child's best interest
• Motion in the cause: File a motion in the existing case
• Any interested person: Either party or anyone interested can seek modification

Key Takeaways

• Best interest standard: All custody decisions based on what best promotes the child's welfare
• No parental presumption: Neither parent has an advantage in custody determinations
• Mandatory mediation: Free custody mediation required before contested hearings (waiver available)
• 243-overnight threshold: Defines primary physical custody (Worksheet A)
• 123-overnight threshold: Defines shared physical custody (Worksheet B)
• Equal record access: Both parents have equal access to child's health, education, and welfare records
• Electronic communication: Supplements but cannot replace in-person custody time
• Changed circumstances: Required for custody modification

For general information about divorce processes, see our guide to fault vs. no-fault divorce. For help organizing your case, review our divorce document checklist.