Top 25 FAQs About Child Custody and Modifying Custody in North Carolina

Child custody disputes are some of the most emotionally challenging cases in family law. Parents want what is best for their children, but disagreements can quickly turn into legal battles. At Adkins Law, PLLC in Huntersville, NC, we regularly guide parents through custody and custody modifications. Below are the top 25 questions (and answers) we hear most often.

General Custody Questions
1. What does “custody” mean in North Carolina?

Custody refers to both the legal right to make decisions for a child and the physical time the child spends with each parent.

2. What’s the difference between legal custody and physical custody?

Legal custody: the right to make major decisions (education, medical care, religion). Physical custody: where the child lives on a day-to-day basis.

3. Does North Carolina favor mothers over fathers?

No. The law does not give preference to either parent. The judge’s decision is based on the best interests of the child.

4. How does a judge decide custody?

Judges consider many factors, including each parent’s stability, ability to provide, history of caregiving, and any safety concerns (substance abuse, domestic violence, etc.).

5. Can grandparents or relatives get custody?

Yes, in certain cases where the parents are unfit or unable to care for the child. Grandparents may also seek visitation rights.

Custody Process & Mediation

6. How do I start a custody case?

By filing a custody complaint in the district court of the county where the child resides.

7. Do I have to go to mediation?

Yes. North Carolina requires custody mediation (except in special circumstances like domestic violence). Mediation helps parents reach agreements without a trial.

8. What if mediation doesn’t work?

The case proceeds to trial, where a judge makes the custody decision.

9. Can parents agree on custody without court involvement?

Yes. Parents can sign a parenting agreement or separation agreement, but it should be incorporated into a court order for enforceability.

10. Do children testify in custody cases?

Sometimes. Judges may interview older children privately, but courts try to avoid placing children in the middle.

Custody Orders & Modifications

11. Are custody orders permanent?

No. Custody orders can be modified if circumstances change.

12. What is required to modify a custody order?

You must show a substantial change in circumstances affecting the child’s best interests.

13. What counts as a “substantial change”?

Examples include: a parent relocating, substance abuse problems, changes in the child’s needs, or evidence of neglect or abuse.

14. How soon can I request a modification?

There’s no set time, but you must show a legitimate change in circumstances since the last order.

15. Can I change custody if my ex isn’t following the order?

Yes. Repeated violations can support a modification, and the court may also hold the other parent in contempt.

Visitation & Parenting Time

16. What is “visitation”?

Visitation refers to the parenting time given to the parent who does not have primary custody.

17. Can visitation be supervised?

Yes, if there are safety concerns (e.g., substance abuse, abuse history).

18. What if the child doesn’t want to visit the other parent?

Parents must follow the court order. If the refusal persists, the court may re-examine custody.

19. Can I deny visitation if the other parent isn’t paying child support?

No. Custody and child support are separate issues. Denying visitation may violate the court order.

20. Can parents agree to change visitation without going back to court?

Yes, but to make the changes enforceable, you should have the agreement modified by the court.

Practical & Legal Considerations

21. What if my ex wants to move out of state with the child?

They need court approval if the move significantly affects custody or visitation.

22. Can custody orders include holidays and vacations?

Yes. Custody schedules typically address holidays, birthdays, and summer vacations.

23. What if domestic violence is involved?

The court prioritizes child safety and may grant protective orders, supervised visitation, or sole custody to the safe parent.

24. Do I need a lawyer for custody or modification cases?

While not required, it’s highly recommended. Custody cases are complex, and experienced legal representation increases your chances of protecting your parental rights.

25. Why choose Adkins Law, PLLC for custody cases?

Because we understand that custody disputes are about more than paperwork—they’re about your children’s future. We combine local knowledge, courtroom experience, and compassionate representation to protect what matters most.

Conclusion
Custody disputes and modifications can be stressful, but understanding the process helps parents make informed decisions. If you’re facing a custody battle or need to modify an order, Adkins Law, PLLC in Huntersville, NC is here to help. Contact us today for a consultation about your custody case in Mecklenburg, Iredell, or surrounding counties.