Child Custody and Child Support

The issue of child custody can be very contentious and emotionally-charged.  Child custody and child support can be agreed upon outside of the judicial process, but very often these are difficult matters to resolve due to the personal nature of the issue.  Therefore, it is often necessary to file a complaint for child custody and/or support and ask a judge to make the decision.  A judge will consider a variety of factors in determining who is entitled to custody, but the court must find that the parent who is given custody is a fit and proper person to have custody and that an award of custody to that parent is in the best interest of the child. Custody can take several forms and there are many labels given to the types of custody the court awards.  Legal custody refers to a parent’s ability to make major decisions affecting the child, such as decisions regarding education, health care, and religion.  Physical custody refers to where the child will actually reside. Primary custody is given to the parent with whom the child will live with the majority of the time.  Generally, the parent not being awarded primary custody will be awarded some sort of visitation with the child. Most often, the parents of the child are the parties asking the court to determine custody, but the law enables grandparents and third parties to also file for custody of a child under certain circumstances. 

Child support can be agreed upon by the parents of minor children.  However, like child custody, often emotions can inhibit the parents from reaching an agreement.  Enforcing a child support obligation also complicates the issue.  Therefore, a complaint can be filed, separately or along with a complaint for custody, asking the court to determine the child support obligation of each parent.  A judge will use the North Carolina Child Support Guidelines to determine the child support amount in the majority of cases.  The application of the guidelines is generally the same in most cases, in that it uses both parents’ income and gives credit to the parent paying child care expenses and health insurance for the child.  North Carolina law also permits a judge to hear evidence relating to the needs of the child and the ability of each parent to support the child in determining the appropriate amount of child support, and deviation from the guidelines may be permitted in certain circumstances.