Do mothers always get custody of their children in North Carolina?

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Angela W. McIlveen - Family Law - Super Lawyers

Answered by: Angela W. McIlveen

Located in Gastonia, NCMcIlveen Family Law Firm

Gastonia, NC
Phone: 704-766-8946
Fax: 704-865-9014

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No, mothers do not always get custody of their children in North Carolina. In North Carolina, the law says that the judge must decide child custody based on what is in the best interest of the child. The judge can award one parent primary custody and the other parent secondary custody or visitation or the judge can award joint custody to both parents. There are many factors the judge must consider in determining what will be in the best interest of the children. The judge will look at which parent has primarily been caring for the child during the marriage or relationship. The court will be looking at which parent takes the child to the doctor or dentist. Is one parent more involved in school or sports activities?  Does one parent cook most of the meals? Is one parent in a better position to teach morals and values to the child? The court can also consider the living conditions of the parents, including whether the child will have a bedroom. If you are a father seeking primary custody or joint custody of your child, don't be discouraged -- courts in NC are generally not biased toward mothers. For all parents seeking custody, the best advice I can give you is be a good parent. By being a good parent, I mean that you need to attend school events, go to sports activities, attend doctor visits and dental appointments. It is best to consult with an attorney in the county where your case is located. The attorney can help you make good decisions and guide you through the court process.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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