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Who usually gets physical custody in North Carolina?

On Behalf of | Dec 30, 2020 | Child Custody

One of the rays of light amidst the past year’s darkness has been that many fathers have spent more time at home with their children. It has given many doubters ample proof that fathers can be just as capable of running a household and looking after their children as mothers.

One downside of forcing families to spend so much time together is that many couples have decided to divorce and will need to determine child custody arrangements.

North Carolina law considers mothers and fathers equally

There has long been an assumption that fathers have little chance of being awarded physical custody of the children in a divorce. However, North Carolina law does not state any preference for giving mothers custody.

Despite this, the reality is that a father may have to work harder to convince a judge to award them custody than a mother. Fathers who win sole custody usually do so when they prove the mother has issues that make her unfit to have custody.

Shared physical custody is an option

You do not have to battle your spouse for sole physical custody. You could share it instead. While this arrangement is less common than awarding one parent primary custody and the other visitation rights, it can work if both parents are motivated. It can be a great way to bring up your child. They live half the time with you and half the time with the other parent.

If you wish to claim physical custody, whether sole or shared, you will need to show the court that it is in your child’s best interest. What courts want to see are two parents who can set aside their differences and create a parenting plan that is right for their child.

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