Child Custody
Who can seek custody?
N.C. Gen. Stat. 50-13.1 Any parent, relative, or other person,
agency, organization, or institution claiming a right to custody of
a minor child may institute an action or proceeding for custody
of such child.
However, anyone whose actions resulted in a conviction under
N.C. Gen. Stat. 14-27.2 (First degree forcible rape) or N.C.
Gen. Stat. 14-27.3 (Second degree forcible rape) and the
conception of the child may not claim the right to custody of
that minor child.
Who is entitled to custody?
N.C. Gen. Stat. 50-13.2 An order for custody shall award
custody to such person, agency, organization, or institution as
will best promote the interest and welfare of the child. The
court shall consider all relevant factors
There is no presumption that either the mother or the father of
the child will better promote the child's interest and welfare.
Joint custody to the parents shall be considered upon the
request of either parent.
