If you only remember one point about child custody and parenting time in North Carolina, remember this: North Carolina uses Legal custody and physical custody; visitation / parenting-time schedules implement physical custody.. Courts apply best-interests factors under § 50-13.2, including safety, parenting ability, and the child’s relationship with each parent. Joint custody may be ordered when in the child’s best interests; there is no automatic equal physical-custody presumption. Procedure, examples, and the opinions below hang off N.C. Gen. Stat. §§ 50-13.1 to 50-13.7. Relocation: A parent seeking to relocate with the child generally must show the move is in the child’s best interests; notice and modification practice follow the existing order. Modification: A substantial change of circumstances affecting the child’s welfare is required to modify custody.
Relocation with a child
A parent seeking to relocate with the child generally must show the move is in the child’s best interests; notice and modification practice follow the existing order.
Walking through North Carolina facts
Use this walkthrough to see which North Carolina authority does the work at each step.
Two parents in North Carolina disagree about where the child lives during the school week, and one wants to move.
- Use the labels North Carolina actually uses: Legal custody and physical custody; visitation / parenting-time schedules implement physical custody..
- Apply the best-interests factors: Courts apply best-interests factors under § 50-13.2, including safety, parenting ability, and the child’s relationship with each parent.
- Check any parenting presumption: Joint custody may be ordered when in the child’s best interests; there is no automatic equal physical-custody presumption.
- If a move is proposed: A parent seeking to relocate with the child generally must show the move is in the child’s best interests; notice and modification practice follow the existing order. Later changes follow: A substantial change of circumstances affecting the child’s welfare is required to modify custody.
Custody claims proceed in district court, often with mediation through Family Financial / Custody mediation programs. Final orders allocate legal and physical custody and a parenting schedule.
Modifying a North Carolina custody order
A substantial change of circumstances affecting the child’s welfare is required to modify custody.
How custody cases typically move in North Carolina
Custody claims proceed in district court, often with mediation through Family Financial / Custody mediation programs. Final orders allocate legal and physical custody and a parenting schedule.
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Case law: custody and parenting time in North Carolina
Stacy L. Price v. Robin Howard
Stacy L. Price v. Robin Howard, 346 N.C. 68 (1997)
ORR, Justice. The custody issue in this case arises out of the relationship between plaintiff and defendant, who lived together in Durham, North Carolina, from 1986 until 1989. On 10 June 1986, defendant Robin Howard gave birth to a daughter. The child’s name on the birth *71 certificate was listed as Dominique Price, but the father’s n…
Stacy L. Price v. Robin Howard is worth reading on North Carolina child custody because the court put the point in its own words: "ORR, Justice. The custody issue in this case arises out of the relationship between plaintiff and defendant, who lived together in Durham, North Carolina, from 1986 until 1989. On 10 June 1986, defendant Robin Howard gave birth to a daughter." Use that passage as the starting point, then read the facts that precede it.
In Re: Custody of Brian Kelly Stancil (69 J 206) — and — in the Matter of Custody of Brian Kelly Stancil (70 Cvd 4024)
…incorrect; that prejudicial error was committed in awarding custody of Brian to the paternal grandmother; that the trial judge committed prejudicial error in giving the grandmother the right to say when the mother could visit the child; and in entering and signing the judgment. We do not deem it necessary for decision in this case to recapitulate the evidence. Suffice it to say…
On child custody, In Re: Custody of Brian Kelly Stancil (69 J 206) — and — in the Matter of Custody of Brian Kelly Stancil (70 Cvd 4024) speaks to the North Carolina dispute in this passage: "Brian to the paternal grandmother; that the trial judge committed prejudicial error in giving the grandmother the right to say when the mother could visit the child; and in entering and signing the judgment." The surrounding opinion shows how the court applied that language to the record.
April J. HUML, Plaintiff, v. Kevin C. HUML, Defendant. — Dillon, J., concurring
…I fully concur in the majority opinion. In this Chapter 50 custody case between two natural parents, the trial court granted sole legal and physical custody of the child to Mother, and further prohibited Father from any visitation with and access to information about the child. The trial court based its order on its determination that this arrangement was in the best interest…
April J. HUML, Plaintiff, v. Kevin C. HUML, Defendant. — Dillon, J., concurring is worth reading on North Carolina child custody because the court put the point in its own words: "I fully concur in the majority opinion. In this Chapter 50 custody case between two natural parents, the trial court granted sole legal and physical custody of the child to Mother, and further prohibited Father from any visitation with and access to information about the child." Use that passage as the starting point, then read the facts that precede it.
JOEL W. THOMAS, Plaintiff v. HERLENE THOMAS, Defendant
JOEL W. THOMAS, Plaintiff v. HERLENE THOMAS, Defendant, 233 N.C. App. 736 (2014)
…gh, Judge. Defendant Herlene Thomas seeks review of a child custody order, granting plaintiff Joel W. Thomas and defendant joint legal custody, granting plaintiff primary physical custody, and granting defendant secondary physical custody of their minor child. For the reasons stated herein, we affirm the order of the trial court. I. Background Plaintiff Joel W. Thomas and defen…
North Carolina opinions such as JOEL W. THOMAS, Plaintiff v. HERLENE THOMAS, Defendant are cited where child custody is disputed. The court stated: "Judge. Defendant Herlene Thomas seeks review of a child custody order, granting plaintiff Joel W. Thomas and defendant joint legal custody, granting plaintiff primary physical custody, and granting defendant secondary physical custody of their minor child." That is the language to brief; the rest of the decision supplies the procedural posture.
In the Matter of LORETTA DIANE SHUE
In the Matter of LORETTA DIANE SHUE, 63 N.C. App. 76 (1983)
…l Services (DSS), the trial court entered an order granting custody of the child to Roy Shue, the child’s father. The mother, Omega Lee James, appeals from the order granting custody to Roy Shue. I Procedural History On 20 September 1979, DSS filed a juvenile petition alleging physical abuse of Loretta Shue, age three years. Following an adjudicatory hearing on 22 October 1979,…
On child custody, In the Matter of LORETTA DIANE SHUE speaks to the North Carolina dispute in this passage: "Services (DSS), the trial court entered an order granting custody of the child to Roy Shue, the child’s father. The mother, Omega Lee James, appeals from the order granting custody to Roy Shue." The surrounding opinion shows how the court applied that language to the record.
David W. SHELL and Donna Shell, Plaintiffs, v. David Dwayne SHELL and Nicole Renee Green, Defendants.
STROUD, Judge. *31 Plaintiffs and defendant Shell appeal a custody modification order changing primary physical custody from defendant Shell to defendant Green. Because the trial court's findings of fact support its conclusion there had been a substantial change in circumstances affecting the best interest of the children and that modification would be in their best interest,…
David W. SHELL and Donna Shell, Plaintiffs, v. David Dwayne SHELL and Nicole Renee Green, Defendants. is worth reading on North Carolina child custody because the court put the point in its own words: "STROUD, Judge. *31 Plaintiffs and defendant Shell appeal a custody modification order changing primary physical custody from defendant Shell to defendant Green." Use that passage as the starting point, then read the facts that precede it.
EDGAR LEE LAMBERT, JR., Plaintiff v. LORI NATASHA RIDDICK and ANNETTE UTLEY, Defendants
…ever been, prior to this proceeding, an action to determine custody of the child, she has lived primarily with defendant Annette Utley, a friend of defendant Riddick’s, since shortly after her birth because Riddick was not in a position to care for her. Defendant Utley, who has two grown children and now lives in Michigan, has provided the daily care and nurture for the child a…
Practitioners open EDGAR LEE LAMBERT, JR., Plaintiff v. LORI NATASHA RIDDICK and ANNETTE UTLEY, Defendants when North Carolina child custody turns on the distinction in this sentence: "Annette Utley, a friend of defendant Riddick’s, since shortly after her birth because Riddick was not in a position to care for her." Do not lift it out of the facts the court was deciding.
Key takeaways
- Best-interests standard: Courts apply best-interests factors under § 50-13.
- Labels used in North Carolina: Legal custody and physical custody; visitation / parenting-time schedules implement physical custody..
- Parenting-time posture: Joint custody may be ordered when in the child’s best interests; there is no automatic equal physical-custody presumption.
- Relocation: A parent seeking to relocate with the child generally must show the move is in the child’s best interests; notice and modification practice follow the existing order.
- Modification: A substantial change of circumstances affecting the child’s welfare is required to modify custody.
- Primary authority: N.C. Gen. Stat. §§ 50-13.1 to 50-13.7.
Best-interests factors in North Carolina
Courts apply best-interests factors under § 50-13.2, including safety, parenting ability, and the child’s relationship with each parent.
Legal custody, physical custody, and parenting time
Legal custody and physical custody; visitation / parenting-time schedules implement physical custody.
Joint custody may be ordered when in the child’s best interests; there is no automatic equal physical-custody presumption.
Frequently asked questions
What does North Carolina call “custody”?
Legal custody and physical custody; visitation / parenting-time schedules implement physical custody.
Can I move out of state with my child?
A parent seeking to relocate with the child generally must show the move is in the child’s best interests; notice and modification practice follow the existing order.
How do I change an existing custody order in North Carolina?
A substantial change of circumstances affecting the child’s welfare is required to modify custody.
This guide covers North Carolina custody law as of 2026. Verify the live statute and any local parenting-time guidelines before relying on this summary.