Is Shared Custody Common in North Carolina?

For many parents approaching divorce, one of the first things they wonder is how much time they’ll spend with their children in the future. You might worry about your ex taking your children and preventing you from spending much time with them at all. But how common is this outcome? Is shared custody something you can realistically hope for in North Carolina? These are completely understandable questions, and you might want to explore them during a consultation with an experienced family law attorney in North Carolina.

Shared Custody Is the “Default” Outcome Preferred by Family Courts

Family courts around the country recognize that children benefit when they can spend time with both parents after divorce. As a result, judges see this as a “default” starting point. If there are no obvious reasons to give sole physical custody to one parent, a judge will likely decide that shared custody serves the child’s best interests.

You Should Have the Chance to Spend Time With Your Children Regardless of What Happens

Even if your ex does get sole physical and legal custody, you should still have the right to “visit” with your child on a fairly regular basis. Most child psychologists agree that when a child completely loses contact with one parent, they can suffer considerable psychological harm. This is why North Carolina essentially guarantees your right to at least see your children, even if they’re not spending the night at your residence.

Even if you have a history of being violent, neglectful, or abusive toward your children, you may still have visitation rights. That said, your visitation rights could be supervised if the court believes you represent a hazard to your children.

Shared Does Not Necessarily Mean “Equal”

Parents should know that even though they might share custody, the custody schedule might not be equal. For example, one parent might have the children over the weekend, while the other parent might take the children over the weekdays. This is a fairly common schedule. Sometimes, custody schedules are even more heavily skewed in favor of one parent. For example, a parent might only see their children for two weekends per month due to travel or work commitments.

Get a Sense of the “Best Interest Factors” if You Want to Predict Custody Outcomes

If you want to accurately predict the outcome of a custody case, you should establish a clear understanding of the “best interest factors” that family court judges assess before making decisions. These aptly named factors revolve around your child’s best interests. In other words, you are more likely to spend more time with your kids if it serves their best interests. In contrast, you are less likely to spend time with your kids if it goes against their best interests.

Examples of best interest factors include the child’s education, healthcare, and basic necessities. If you cannot afford to house, clothe, or feed your children, you may struggle to gain much parenting time. Even if you have plenty of money to support your children, you might face issues if your household is particularly unstable or unpredictable.

Your child’s preferences could also play a role in the final custody outcome. This may be a significant factor if your child is somewhat older and more mature. If you want to establish a more accurate sense of these best interest factors, consider speaking with a family law attorney.

There are No Gender Biases in Family Courts

Family courts in North Carolina are not allowed to exercise any kind of bias toward a particular gender. While courts commonly awarded custody to women over men, this is no longer allowed in North Carolina. The court analyzes each spouse based on the best interests of the children and their parenting abilities without considering their gender. At least, this is how the court is supposed to approach custody cases. One might argue that a certain degree of subconscious bias is unavoidable.

Can a Family Law Attorney in North Carolina Help Me Get Shared Custody?

A family law attorney in North Carolina may be able to help you spend more time with your child after a divorce. That being said, the outcome of each custody case depends entirely on the unique circumstances and dynamics of each family. Shared custody might be common in the Tar Heel State, but that does not necessarily mean that it will be something you experience. In order to predict the outcome of your custody case, you will need to consider the various “best interest factors” that judges assess. Speak more about this subject with Arnold & Smith, PLLC.