Custody and Visitation

In a North Carolina child custody case, having an attorney by your side can be invaluable. Custody disputes often involve complex legal issues and emotionally charged decisions, and an experienced attorney can navigate these challenges with skill and insight. From the outset, an attorney can help you understand North Carolina's custody laws, including the distinctions between legal custody (the right to make decisions about a child's upbringing) and physical custody (where the child lives). They can provide guidance on how courts determine what is in the child's best interests, which is the primary consideration in custody cases.

An attorney can also assist in gathering and presenting evidence that supports your case. This might involve collecting documents, obtaining witness testimonies, and preparing reports from experts such as child psychologists. They will help you organize this evidence in a way that is compelling and relevant to the court's decision-making process. Additionally, an attorney can advocate for your interests during negotiations and court proceedings, ensuring that your voice is heard and that your rights are protected. They can help craft a custody arrangement that not only meets legal standards but also addresses the specific needs of your family.

Moreover, an attorney can provide emotional support and practical advice throughout the process. Custody disputes can be highly stressful, and having a knowledgeable advocate can alleviate some of that burden by managing the legal complexities and procedural requirements. They can also offer strategies for effective co-parenting and dispute resolution, which can be crucial for maintaining a positive environment for your child. Overall, the expertise and support of an attorney can make a significant difference in achieving a favorable custody arrangement and ensuring that the best interests of your child are prioritized.

Louis Fristensky has represented hundreds of clients in child custody proceedings. If you need an attorney, please make an appointment for a free consult.

How It Works

  • File the complaint and attachments with the Clerk of Superior Court, Domestic Division in the appropriate county. Pay the filing fee (usually around $150).

  • The defendant must be served under Rule 4 of the N.C. Rules of Civil Procedure, typically by:

    • Certified Mail, Sheriff, or Private Process Server.

    • Out-of-state parties: use certified mail with return receipt or by publication if location unknown.

    Service is jurisdictional — custody cannot be adjudicated until service is perfected.

  • Any time after service, Discovery can begin:

    • Interrogatories, Requests for Production, Requests for Admission, and Subpoenas.

    • Depositions of parents, caregivers, teachers, medical providers, etc.

    • Expert evaluations (e.g., psychological or custody evaluations under Rule 35).

    Discovery must comply with the Rules of Civil Procedure (especially Rules 26–37).

  • The defendant must file an Answer within:

    • 30 days after service (plus 3 days if served by mail).

    • They may also file a Counterclaim seeking custody.

    Failure to respond can result in entry of default and default custody order.

  • Once the case is filed, either party may seek:

    • Ex Parte Emergency Custody under § 50-13.5(d)(3) if there’s immediate danger or risk of abduction.

    • Temporary Custody Hearing (non-emergency) to set short-term custody or visitation pending final trial.

    Temporary orders remain in effect until modified or replaced by a permanent order.

  • Under N.C.G.S. § 50-13.1(b), parties must participate in court-ordered mediation (unless waived for good cause such as DV or substance abuse).

    • Temporary orders may be revisited or modified by motion if circumstances change.

    • Case management conferences may be held to set deadlines.

    • Pretrial conferences are often required by local rule — parties exchange witness lists, exhibit lists, stipulations, and file a Pretrial Order summarizing contested issues.

  • After trial, the judge issues a written order setting forth:

    • Detailed findings of fact.

    • Conclusions of law applying § 50-13.2(a).

    • Custody schedule, visitation terms, and any restrictions.

    • May include joint custody, sole custody, or supervised visitation.