Child custody involves the determination of which parent will have the primary care, custody, and control of the minor children.

Custody typically has two aspects, legal custody, and physical custody.

 Under North Carolina law, both parents have joint legal custody by default. This means that under the law, and absent any orders or agreements contrary, both parents have legal authority over the minor children. This legal authority includes the decision-making powers concerning educational decisions, medical care, and religious upbringing, amongst many other things. Legal custody also gives both parents access to important records and reports, such as those from a school or medical provider.

 Physical custody concerns the actual location of the minor children. Physical Custody can range from sole custody with no visitation rights by the other parent to a true 50/50 split. Many families can work out an agreement sharing the physical custody of the minor children, allowing the child to split time between the parents’ homes. However, if a decision cannot be reached between the parents, the court’s will decide the appropriate schedule.