Child custody (also known as legal custody, conservatorship, or allocation of parenting time and responsibilities) refers to the legal possession, rights, and responsibilities for a minor child by the child’s birth or adoptive parents—including the right to make health care, religious, cultural, and education decisions about the child's upbringing.
During separation, and following divorce, a child’s natural parents often share custody of the child (shared custody or joint custody)—unless one or both of the child’s natural or adoptive parents are deemed to be unfit or pose a risk to the health, safety, and well-being of the child (the child’s best interests). If one of the parents is deemed unfit, the other parent may be awarded sole custody of the child. In some cases a parent who is not allowed to have custody of a child may be given visitation rights—sometimes under the supervision of another adult (supervised visitation). Child custody laws are usually located in your state’s statutes governing family and domestic matters, and may be referred to as the Family Code.
Child custody is distinct from guardianship of a child, which usually involves a relative or an unrelated person temporarily agreeing to take responsibility for a child following the death of the child’s birth or adoptive parents, or their abandonment. And adoption is taking full and permanent responsibility for a child by someone other than the child’s birth parents.
In North Carolina, child custody is determined based on the best interests of the child. The state's statutes provide for both joint and sole custody arrangements, allowing parents to share or have individual responsibility for the care and decision-making for their child. When parents separate or divorce, they may agree on a custody arrangement, or the court may decide if they cannot agree. Factors considered in custody decisions include the child's safety, welfare, and happiness, as well as the child's relationship with each parent, the parents' ability to provide care and support, and any history of domestic violence or substance abuse. If a parent is deemed unfit, the other parent may be granted sole custody. Visitation rights may be awarded to the non-custodial parent, which can be supervised if necessary to protect the child's well-being. These laws are typically found in the state's statutes related to family and domestic matters. It's important to note that child custody is different from guardianship, which is a temporary arrangement typically made when a child's parents are deceased or have abandoned the child, and from adoption, which is a permanent legal assumption of parental responsibility by individuals other than the birth parents.