How is child custody determined?

In North Carolina, child custody is determined according to the best interests of the child. The court considers many factors when deciding what custody arrangements are best for the child’s wellbeing, including the ability of each parent to provide a stable and secure home, the relationship between the child and each parent, the ability of each parent to meet the child’s physical and emotional needs, and the child’s preference if old enough to consent. The court might award sole custody to one parent or joint custody to both parents. Sole custody means that one parent has the majority of the decision-making rights and responsibility for the child’s care. Joint custody means that both parents have rights and responsibilities for the child, and must work together to make decisions about the child’s needs. The court will also establish a visitation schedule when awarding joint custody, so that both parents can maintain a consistent and positive relationship with the child. In some cases, the court might also appoint a guardian ad litem to represent the child’s best interests. A guardian ad litem is an independent advocate for the child who reviews all the evidence in the case and makes an independent recommendation to the court. Ultimately, the court makes the final decision on child custody, keeping in mind the best interests of the child.

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