When couples decide to divorce or separate, one of the first questions they often have is how parenting time in NC can work. Custody laws in North Carolina aim to establish agreements that are in the child’s best interests and promote healthy relationships with both parents when possible. It’s important to know how parenting schedules are determined and some of the factors judges consider when making these decisions.
Understanding Parenting Time in NC
Visitation is a common term that many people use to refer to the amount of time one parent spends with their child. However, in North Carolina, courts typically use the phrase “parenting time” instead. Whether you and the other parent come to an agreement on your own or the judge establishes custody terms at a hearing, the parenting time schedule is detailed in the order.
Parenting schedules can look different for every family. Some parents are able to split time with their child evenly, while others have the child spend more days per week with one parent. School schedules, work schedules, distance, and the child’s needs can influence the creation of a parenting schedule. There is no exact science to dividing parenting time, as every agreement should be made according to the child’s best interests.
How North Carolina Determines Child Custody
Like with parenting time, there are numerous factors that influence which parent may be awarded custody. North Carolina Statute § 50-13.2 gives courts the power to decide custody based on whatever arrangement most efficiently protects the child’s well-being. North Carolina typically determines two types of custody:
- Legal custody. Parents who are granted legal custody have the authority to make major decisions for the child, including education, healthcare, and religious decisions.
- Physical custody. Physical custody governs where the child resides and outlines the parenting time schedule.
Parents can have joint legal custody and share decision-making for the child while having different parenting schedules. In other cases, one parent may have primary physical custody while both parents have legal custody.
The CDC reports that in 2023, North Carolina’s divorce rate was 2.7 per 1,000. Furthermore, unmarried moms gave birth to 40.8% of all live births in the state. This demonstrates how crucial legal aid is when it comes to child custody.
Parenting Time Modifications in North Carolina
Parenting agreements are not set in stone. If one parent can prove that there has been a significant change in circumstances that affects the child’s well-being, the existing custody order can be modified according to NC General Statutes § 50-13.7. Some common examples of relevant changes include:
- Parent relocation
- Changes in work schedules that affect parenting time
- Safety concerns
- Changes to the child’s education or medical needs
As with the original custody order, courts rule on whichever arrangement is in the child’s best interests. Once a judge issues a parenting time order, it becomes legally binding for both parents. If the other parent repeatedly violates the order by denying you parenting time, you can ask the court to intervene.
Hire a Child Custody Lawyer
Parents often decide to hire a child custody lawyer to represent them in court or during parenting negotiations. Custody disputes can involve complicated legal and procedural issues.
A child custody attorney can file paperwork with the court, help collect evidence, explain how North Carolina parenting time laws apply to the circumstances surrounding your child custody case, review a proposed parenting plan, attend mediation and hearings on your behalf, and confirm that court orders mirror the agreement you reached during negotiation or the judge’s decision.
An attorney can also explain filing deadlines and other procedural requirements throughout your case.
Why Choose Parker, Parker & Pittman?
Parker, Parker & Pittman has helped individuals and families in Statesville and all of Iredell County with a wide variety of litigation matters since 1991. Our longevity in the community means we have experience with the local courts and judicial process.
We understand that family law issues can be stressful, and we strive to guide you through your case with compassion and experience. Whether you have a custody dispute, a parenting time concern, or another family law issue, Parker, Parker & Pittman can work with you to provide competent legal representation.
FAQs
Can a Child Choose Which Parent to Live With in North Carolina?
North Carolina does not have an age when a child is allowed to choose where they want to live. During a custody trial, the judge may consider the wishes of a reasonable and mature child; however, this is only one factor for the judge to consider. A child’s desires alone won’t decide the outcome. The court always prioritizes what’s most beneficial for the child.
What if One Parent Wants to Move Out of State With the Child?
Relocating parents may need to petition the court for modification of a custody order if the move interferes with the current parenting schedule to a material degree. Modification is determined by the court’s analysis of how the move would affect stability, school, extracurricular activities, relationships with both parents, and the overall well-being of the child(ren). Every relocation case is decided based on its facts.
Can Grandparents Seek Visitation Rights in North Carolina?
Sometimes grandparents may petition the court for visitation rights. However, North Carolina law restricts when grandparents can file this request. A child’s current situation and circumstances play a role in your standing as a grandparent. For example, if there is an ongoing custody case, this may influence your rights. The courts still take the child’s best interests into consideration with these motions.
Can Parents Include Virtual Visitation in a Parenting Plan?
Yes, many parenting plans include provisions for virtual visitation, including phone calls, video chats, or other forms of electronic communication between a parent and child. Virtual visitation typically supplements, rather than replaces, in-person parenting time. The frequency and timing of electronic communication can be customized to fit the child’s schedule and the family’s particular circumstances.
Parker, Parker & Pittman Can Help
If you need assistance with child custody or a parenting plan, Parker, Parker & Pittman can help you formulate a healthy plan for your family. Contact us today for a consultation.
