In
North Carolina, there are two components of custody, “legal custody”
concerns the right to make and be involved in major decisions related to
a child’s education, religion, and health care, while “physical
custody” refers to the routine daily care and residence of a child. In
evaluating and decided custody, a court’s primary consideration, is the
“best interest of the child,” which is determined by the following
factors:
- The relationship and interrelationship of the child with his her parent (s) siblings and any other person who may significantly affects the child’s best interest.
- The child’s adjustment to his her home, school and community
- The mental and physical health of everyone involved
- Physical violence or threat by the child’s potential custodian, whether directed against the child or someone else
- The occurrence of ongoing abuse whether directed against the child or someone else.
- The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child
- The sufficiency and stability of the parties’ homes and surroundings
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