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5 Types of Child Custody Under North Carolina Family Law January 16, 2018

Albemarle, Stanly
5 Types of Child Custody Under North Carolina Family Law, Albemarle, North Carolina

When courts make decisions about child custody, the outcome hinges on what is in the best interest of the kid. North Carolina divorce and family law attorneys deal with a variety of related issues, which range from simple to complex. Here are a few of its basic forms and how disputes are typically resolved.  

Common Forms of Custody

1. Primary

The primary custodian usually has legal custody, and the child lives with them most of the time. Divorcing parents often use family law attorneys or mediators to help them choose a custodial parent and devise visitation schedules. If spouses can’t agree, a court makes the decision. Non-custodial parents have visitation rights automatically unless ordered otherwise.

2. Joint 

Joint custody means the child lives more equally between both parents than in primary arrangements. Partners may share legal custody under these joint agreements or court orders.

3. Legal 

family lawWhen a court awards legal custody to a parent, it gives them the authority to decide on major issues for the child, such as health care, education, religious training, and discipline. Courts can award sole or joint legal custody.

4. Physical

The child lives with the parent who is awarded physical custody. Frequently, divorce attorneys work to resolve disputes over physical and legal guardianship. They often reach a solution by negotiating a joint custody agreement.

5. Emergency

A non-custodial parent, relative, or a government agency can obtain emergency custody of a child under limited conditions. Courts award this type when a substantial risk exists that someone might take the kid out of state to avoid court action, or might expose them to sexual abuse or bodily injury.


If you’re going through a divorce and need help from a seasoned attorney, turn to the Fulcher Law Firm in Albemarle, NC. They offer parents quality counsel and skilled advocacy in child custody cases. Backed by over 16 years of experience in divorce and family law, they’ll help you resolve your issues through negotiation, mediation, or representation in court. Get peace of mind about your child’s future and call (704) 984-6060 today to schedule a consultation. Learn more about their expertise in this practice area online.

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