NC DVPO The standard: the best interest of the child
North Carolina decides custody under Chapter 50 using one touchstone — the best interest of the child (§ 50-13.2). There is no automatic preference for mothers or fathers; the court weighs each parent's ability to care for the child, stability, the child's needs and relationships, any history of domestic violence, and other relevant factors.
Legal custody vs. physical custody
Legal custody is decision-making authority over major issues (education, health care, religion). Physical custody is where the child lives and the day-to-day schedule. Either can be sole or joint, and the two are decided separately.
Temporary vs. permanent orders
A temporary order sets an interim arrangement; a permanent order resolves custody after a full hearing. An order labeled "temporary" can become permanent by operation of law if neither party calendars it for a final hearing within a reasonable time — so a true temporary order should set a specific return date and leave issues open.
Custody mediation
Wake County requires custody mediation (CMO) before a contested custody hearing in most cases.
Court mediation is confidential and free; agreements can be entered as a parenting order, and unresolved issues proceed to court.
Modifying custody
To change a permanent custody order, the moving parent must show a substantial change in circumstances affecting the child, and that a change is in the child's best interest.
Relocation
Moving a significant distance with a child can itself be a substantial change in circumstances; courts weigh the reasons for the move and its effect on the child's relationship with the other parent.
Custody in Wake County
- Court
- Wake County Courthouse, 316 Fayetteville St., Raleigh, NC 27601
- Mediation
- Required before a contested custody hearing in most cases.
⚠️ Preview county — confirm local custody-mediation rules.
Frequently asked questions
Does North Carolina favor mothers in custody?
No. Custody is decided by the best interest of the child; there is no legal preference for either parent based on gender.
What is the difference between legal and physical custody?
Legal custody is decision-making authority over major issues; physical custody is where the child lives day to day. Each can be sole or joint and is decided separately.
How do I change an existing custody order in North Carolina?
You must show a substantial change in circumstances affecting the child and that modifying custody is in the child's best interest.
Is custody mediation required in North Carolina?
In many counties, including Wake, custody mediation is required before a contested custody hearing. Use the county selector to check yours.