What is child custody?

Child custody is the legal term for determining the legal guardian of a child after the parents separate. In North Carolina, child custody typically includes two types: legal custody and physical custody. Legal custody refers to the right to make decisions concerning the health, education, and welfare of the child. Physical custody refers to the right to have physical possession of the child. In North Carolina, a court usually grants joint legal custody and joint physical custody to both parents. Joint legal custody means that both parents have an equal say in making decisions about the child. Joint physical custody means the parents share the child’s physical residence and both are responsible for providing care for the child. Sometimes, a court may decide that it is in the best interests of the child to grant sole custody to one parent. Sole legal and physical custody means that the sole custodian has the exclusive authority to make decisions concerning the health, education, and welfare of the child. In such cases, the non-custodial parent typically has visitation rights to the child but does not have a say in decision-making or physical custody of the child. The court may also decide to grant supervised physical custody when it is necessary to protect the safety and welfare of the child. In supervised physical custody, the non-custodial parent is granted visitation rights but only under the supervision of a third-party. The court will usually set specific rules regarding the supervised visitation that must be followed.

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