Child custody disputes in North Carolina are emotionally charged and legally complex. Whether you're navigating a separation or divorce, understanding what evidence courts consider can help you prepare and advocate effectively for your child’s best interests.

⚖️The Legal Standard: Best Interests of the Child

North Carolina courts prioritize the best interests of the child when determining custody. This means judges evaluate a wide range of factors to decide what arrangement will most benefit the child’s physical, emotional, and developmental well-being [1].

Types of Evidence Courts Consider

To support your case, you may present various forms of evidence, including:

1. Parental Fitness

• Testimony from family, friends, teachers, or counselors.
• Medical or psychological records showing a parent’s ability to care for the child.
• Criminal background checks or history of substance abuse.

2. Living Environment

• Photos or videos of the home.
• Lease agreements or mortgage documents.
• School district information and proximity to family support.

3. Parent-Child Relationship

• Evidence of involvement in the child’s life (e.g., attending school events, medical appointments).
• Communication records (texts, emails) showing consistent contact and care.

4. Co-Parenting Ability

• Willingness to foster a relationship between the child and the other parent.
• History of cooperation or conflict in parenting decisions.

5. Child’s Preferences

• In some cases, especially with older children, the court may consider the child’s wishes, though this is not determinative.

⚠️Special Considerations

• Domestic Violence: Allegations or evidence of abuse can significantly impact custody decisions.
• Interstate Issues: If one parent lives out of state, the Interstate Compact on the Placement of Children (ICPC) may apply.
• Temporary Custody: Courts may issue temporary orders based on preliminary evidence before a final hearing.