North Carolina Child Custody Lawyer

Q: What does “best interests of the child” mean?

Judges consider stability, safety, each parent’s involvement, school and medical needs, and the ability to co-parent. Evidence should address these factors.

Q: Do we have to go to mediation?

Many North Carolina counties require custody mediation before trial. Well-prepared proposals often resolve the case early.

Q: Can I relocate with my child?

It depends on the child’s best interests and logistics. Courts weigh schooling, support networks, travel costs, and each parent’s role.

Q: What if the other parent won’t follow the order?

Document violations and seek enforcement: make-up time, modified exchanges, or contempt as needed.

Q: How do I get emergency custody?

For serious risk or flight concerns, file an ex parte motion with affidavits and set a quick follow-up hearing. Relief is narrow and fact-specific.

Q: Can a custody order be changed later?

Yes—after a material change in circumstances. Bring updated school, medical, and parenting-time evidence.

Build a parenting plan that works—at court and at home. We handle legal vs. physical custody, parenting schedules, relocation, emergency custody, and modifications—clean filings and Guilford County–ready orders schools, doctors, and employers can follow.

Cost questions? See our breakdown of North Carolina child custody lawyer cost.

Call 336-272-4299

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Your North Carolina Child Custody Lawyer

Krispen Culbertson, North Carolina family law attorney with 20+ years in custody, parenting time, relocation, emergency (ex parte) orders, and modifications. Weekly District Court calendars, with custody mediation coordination and UCCJEA checks where needed.

Memberships: North Carolina State Bar; local family law sections. Courts: District Court calendars statewide with regular hearings in Greensboro/High Point.

Start by situation

Choose legal vs. physical custody

Draft a parenting plan & schedule

Get temporary terms while the case is pending

Navigate North Carolina custody mediation

Relocation / move-away requests

Emergency custody (ex parte) & safety

Modify an existing custody order

Enforce the order (contempt & remedies)

Fast answers

Legal vs. physical custody: legal = decision-making; physical = where the child lives. Many cases use joint legal with a clear parenting schedule.

Best-interests factors: stability, safety, each parent’s involvement, school/medical needs, and co-parenting history drive outcomes.

Mediation: North Carolina uses custody mediation before trial. We prepare proposals that often resolve cases without a hearing.

Emergency custody: reserved for serious risk or flight; we assemble clean affidavits and fast follow-up hearings.

Types of custody in North Carolina

Legal custody covers decisions (schooling, medical, activities, travel). Physical custody covers where the child lives and overnights. Orders can be joint, primary/secondary, or tailored with tie-break rules and spheres of decision-making.

For family structures and unique rights:

• Unmarried Parents Custody Law
• Can Fathers Get Full Custody
• Grandparent Custody & Visitation.

Parenting plans & schedules

We propose age-appropriate schedules (2-2-3, 5-2-2-5, week-on/week-off, school-centric), exchange locations, holidays, summers, and travel rules. Clear terms reduce conflict and are easier to enforce. See when a notarized child custody agreement is useful—and its limits.

Temporary terms during the case

When needed, we seek temporary custody terms or a status quo schedule to stabilize school and care while your matter proceeds through mediation or hearing.

Custody mediation (required in many counties)

We prepare for mediation with a concise proposal, parenting-time calendar, and specific decision-making language. Many cases settle here without trial.

Relocation / move-away

Relocation hinges on the child’s best interests and practicalities: schooling, travel costs, alternate schedules, and each parent’s role. We present evidence and workable plans (e.g., extended summers, shared travel).

Emergency custody (ex parte) & safety

When there’s immediate risk, we file for emergency relief with detailed affidavits, limited-scope requests, and prompt follow-up hearings. We coordinate with 50B/50C where appropriate.

Modification of custody

After a material change in circumstances, we bring updated facts (school performance, health, moves, compliance) and a revised plan that serves the child’s current needs.

Dive deeper: child custody modification law in North Carolina (grounds, evidence, timelines).

Enforcement & contempt

We track violations, document missed time, and pursue remedies: make-up time, modified exchanges, fees, and contempt when necessary. Clean orders are easier to enforce.

Documents & proof checklist

School records, report cards, attendance, IEP/504 plans
Medical records, therapy notes (where appropriate)
Parenting-time calendar for the last 60–90 days
Communication logs, emails, and messages about exchanges and decisions
Travel proposals and cost estimates for relocations
Any prior orders (custody, support, DVPO/50B, 50C)

Your first 72 hours with our team

1) Intake & goals
Clarify legal vs. physical asks and immediate risks.

2) Jurisdiction check
Confirm home state under the UCCJEA and correct venue.

3) Mediation path
Calendar mediation; draft a practical parenting proposal.

4) Temporary relief (if needed)
Seek stabilizing terms; set clear exchanges and decision-making.

5) Evidence & order language
Assemble exhibits; craft orders agencies will follow.

FAQs

What does “best interests of the child” mean?

Judges look at stability, safety, each parent’s involvement, school/medical needs, and the ability to co-parent. We tailor evidence to these factors.

Do we have to go to mediation?

Many North Carolina counties require custody mediation before trial. We prepare proposals that often resolve the case early.

Can I relocate with my child?

It depends on the child’s best interests and logistics. We present travel plans, cost-sharing, and alternate schedules to make a move workable—or oppose a move with facts.

What if the other parent won’t follow the order?

We document violations and seek enforcement: make-up time, modified exchanges, or contempt if needed.

How do I get emergency custody?

For serious risk or flight concerns, we file an ex parte motion with affidavits and set a quick follow-up hearing. Relief is narrow and fact-specific.