How Is Child Custody Determined in Raleigh, North Carolina?
January 18, 2026
How Is Child Custody Determined in Raleigh, North Carolina?
When parents separate or divorce, one of the most important and emotionally challenging questions is how child custody will be decided. If you are facing a custody matter in Raleigh, North Carolina, understanding how courts make these decisions can help you feel more prepared and confident as you move forward. While every family’s situation is unique, North Carolina law provides guidance on how custody determinations are made, always with the child’s well-being as the central focus.
What Does “Child Custody” Mean in North Carolina?
In North Carolina, child custody refers to the legal authority and responsibility to care for and make decisions for a child. Custody is generally divided into two categories:
- Legal custody, which involves decision-making authority over important matters such as education, healthcare, and religious upbringing
- Physical custody, which determines where the child lives and who is responsible for daily care
Courts in Raleigh may award sole custody to one parent or joint custody, where both parents share responsibilities, depending on what arrangement best supports the child.
What Factors Do Raleigh Courts Consider When Deciding Child Custody?
Family courts in Raleigh and throughout Wake County base custody decisions on the best interests of the child. Rather than following a strict formula, judges evaluate a range of factors, including:
- Each parent’s ability to provide a safe, stable, and supportive home
- The child’s age, needs, and overall well-being
- The relationship between the child and each parent
- Each parent’s involvement in the child’s daily life, education, and activities
- Any history of domestic violence, substance abuse, or neglect
- Each parent’s willingness to encourage a healthy relationship between the child and the other parent
The goal is to create a custody arrangement that promotes consistency, security, and emotional stability for the child.
Does the Child’s Preference Matter in Raleigh Custody Cases?
In some cases, a child’s preference may be considered, particularly if the child is mature enough to express a reasoned opinion. However, there is no specific age at which a child can decide custody in North Carolina. The court will weigh the child’s wishes alongside all other relevant factors, ensuring the final decision supports the child’s best interests.
Can Parents Create Their Own Custody Agreement?
Yes. Many parents in Raleigh are able to reach a custody agreement outside of court through negotiation or mediation. When parents work together to develop a parenting plan, they often maintain greater control over the outcome and reduce stress for their children. If the court finds the agreement to be fair and beneficial to the child, it can be formally approved and made legally binding.
If parents are unable to agree, the court will step in and issue a custody order after reviewing the circumstances of the case.
How Does the Court Handle Joint Custody in Raleigh?
Joint custody does not always mean equal parenting time. Instead, it means both parents share responsibility for the child in a way that supports the child’s needs. Courts may design a schedule that considers school, work schedules, and the child’s routine, ensuring minimal disruption to daily life.
Can Child Custody Orders Be Modified in Raleigh, NC?
A child custody order can be modified if there has been a substantial change in circumstances affecting the child’s well-being. Examples may include relocation, changes in a parent’s ability to provide care, or concerns about the child’s safety. The court will review the updated situation and determine whether a modification serves the child’s best interests.
Why Legal Guidance Matters in Raleigh Child Custody Cases
Child custody cases involve legal procedures, detailed documentation, and emotionally charged issues. Having knowledgeable legal guidance can help you understand your options, protect your parental rights, and pursue an arrangement that supports your child’s future. Compassionate support throughout the process can also help reduce conflict and keep the focus where it belongs—on your family.
Speak With a Raleigh Child Custody Lawyer Today
If you are facing a child custody matter in Raleigh, North Carolina, Jerkins Family Law is here to help you navigate your options with care and clarity. Every family deserves thoughtful guidance during difficult transitions.
Call Jerkins Family Law at 919-719-2785 to schedule a consultation and discuss your child custody concerns today.
If you're ready to formalize the parental role you play in your stepchild's life through adoption, you're taking a big step — one that will offer you and your child many benefits. That doesn't mean that it'll be easy. Adoption can be far from straightforward. Here, we'll provide need-to-know information about adopting an older child with as few road bumps as possible. The Benefits of Adopting Your Teenage Stepchild You may wonder why it's necessary to formalize your relationship with your stepchild. Teenage stepchild adoption can provide many perks, including: Financial benefits. Legal custody helps link your stepchild to your inheritance and insurance. Permanence. Adoption can confer a sense of stability and even finality, which brings with it emotional benefits. Logistical parental status. If you don't have a biological or legal relationship with your stepchild, some day-to-day parenting tasks (doctor's appointments, school pickups) can be rife with frustrating, unhelpful obstacles. Next, let's discuss how you can start working towards these benefits. Essential Considerations with an Older Child Adoption In many adoptive scenarios, there is no relationship between the adopter and the adoptee. This necessitates a complicated process, including an extensive home study (and an incredible amount of background checks and paperwork). Since your child already knows you and may even live in your shared home, you may be able to skip a few of these steps. One step you can't skip? An older child will likely need to consent to their own adoption. This will occur in court, which can be stressful. Speak with your attorney and your child to soothe any worries about this step. You may also need to consider your stepchild's other biological parent. In some cases, they may need to formally relinquish their legal parenting rights for your adoption to move forward. This can be emotionally taxing for everyone involved. From the initial application through to finalized paperwork, your attorney will be able to help you make this process as smooth as possible. Need Help? Call North Carolina Family Law Attorneys Adopting your teenage stepchild requires consideration to ensure you don't encounter undue challenges. Having knowledgeable attorneys at Jerkins Family Law at your side will help. Call us at  919-719-2785  for more information, or contact us online to learn about our services.
When you're living through the aftermath of a separation or divorce , the last thing you need is a breach of your privacy. The entire process of figuring out fair spousal support already felt like putting your life out there for everyone to see! Now, you (or your ex) have divulged private information about your arrangement online, and you're unsure what to do. First things first: Do these arrangements have to stay private? If that privacy has been breached, who has the right to do something about it — and what happens next? Two Can Keep a Secret (Or Can They?) To determine the levels of required privacy for you and your partner, check your prenuptial, separation, or divorce papers. The terms you and your partner agreed upon may have included misconduct or defamation clauses. Any privacy-breaching statements could affect spousal support if you or your partner have demonstrably broken any agreement you made. If you believe that your ex has acted out of line and you're interested in pursuing legal action, reach out to an attorney. Likewise, if you're worried that your actions could put your spousal support payments at risk, your attorney is the first person to go to. Don't delete any posts or talk to your ex before you do so, even to apologize! Protecting Yourself, Your Sanity, and Your Future If a breach hasn't occurred, now might be a good time to take practical steps to avoid any privacy concerns surrounding your spousal support arrangements. These include: Changing your passwords for bank, email, and social media accounts. Keeping your important documents (whether they be hard copies or files on your computer) in a safe, protected place Forwarding your mail, if you have changed residences Avoiding social media or using it less in the immediate aftermath of a separation Call North Carolina Family Law Attorneys Today Navigating the aftermath of a divorce is stressful for all involved. If you require assistance figuring out how to protect your privacy (and your ex's), especially surrounding spousal support, give Jerkins Family Law a call at  919-719-2785  (or reach out online ). Our skilled attorneys will be happy to answer any questions you may have.
In marriages where one parent has a child from a previous marriage, it's quite common for the new stepparent to want to adopt the child legally. There are definitely advantages to doing so; it gives the stepparent more rights in making decisions for the child, making the child eligible for an inheritance, for example. However, adopting a stepchild isn't always as straightforward as it seems, especially in North Carolina. If you're a stepparent thinking to adopt, let's take a closer look at some of the challenges you may face. Getting Consent from the Other Biological Parent For many families, this one issue is the single greatest obstacle to stepparent adoption. Under North Carolina law, a child may only have two legal parents. If the other biological parent is still living, they must consent to give up their parental rights, or those rights must be legally terminated. If the other parent is willing to relinquish their rights, they only need to fill out a consent form, and the adoption can move forward. The problem, of course, is that not every family situation is amicable. If the other parent doesn't want the child to be adopted by the stepparent—for whatever reason—they have the right to deny consent. At that point, the burden of proof is on you to convince the courts that it's in the child's best interests to terminate the other parent's rights. The judge may be willing to consider this if you can show any of the following: The biological parent has a pattern of abuse The biological parent has had little to no involvement in the raising or support of the child (i.e., they have forfeited their rights by their lack of action) The biological parent has failed to meet their obligations regarding the child (e.g., child support, visitation) Consent of the Child Another hurdle you must overcome is that under North Carolina law, if the child is 12 years old or older, you must have their consent to adopt them legally. In other words, if a teenage child doesn't want to be adopted, you can't do it—plain and simple. If you find yourself in this situation, the only way around this hurdle is to invest in the relationship and build enough trust so the child can be convinced that it's in their best interests to be adopted. Meeting the Other Requirements North Carolina has a few other requirements for stepparents before legally adopting their stepchildren. These include the following: You must be married to one of the biological parents for at least 6 months. (Living together before marriage doesn't count.) You have to live in the same home with the biological parent and the child. (No in-name-only adoptions, in other words.) You must be a resident of North Carolina for at least 6 months before petitioning for adoption. You have to pass a criminal background check, and you may be visited by a social worker who evaluates the home situation before recommending the adoption.  Jerkins Family Law has plenty of experience in parental rights and adoption cases in North Carolina. If you want to adopt a stepchild, we can help you overcome many of these challenges. Call us today at  919-719-2785  or contact us online.
Child support is a way for both parents to contribute financially to a child's well-being, even after a separation or a divorce. If you're paying child support, the amount you pay was likely determined by a court when you separated. Many factors influence how much child support you pay, including your take-home salary. What happens if that changes? If you lose your job or take a significant pay cut, do you still have to pay the total amount for child support? Paying Child Support When Circumstances Change The short answer is simple: If you have lost your job, you are not exempt from paying child support. However, you may have options that can make your life easier during a difficult time (especially if your unemployment came as a surprise). Talk to a family law attorney if you realize you can't make child support payments because of a change in income. Then, let your co-parent know that you've lost your job. Then, you and your attorney can tackle the following: First, you'll see if you're eligible for unemployment benefits in your state. According to North Carolina Child Support Services , you're still required to pay child support if you're unemployed. These benefits can help. Your attorney can then determine whether you can petition to modify your divorce or child support order due to your change in circumstances. You'll attend an order modification hearing in court if you are eligible. You may receive new child support guidelines at the end of this hearing. The court may also grant you a temporary suspension of child support until you receive a paycheck again. Struggling to pay child support is incredibly stressful, and it's certainly not something you should try to navigate solo. Instead, ensure that you have an experienced family law attorney working tirelessly to protect you and your family during this difficult time. Get in Touch with a North Carolina Family Law Attorney When you're figuring out how to make the best possible moves during a stressful financial time, you may need assistance figuring out how to pay child support. The attorneys at Jerkins Family Law are ready to answer your questions! Call our offices today at  919-719-2785  , or contact us online .
Becoming a stepparent is a big responsibility. You no doubt want what's best for your stepchildren, but understanding your legal obligations to them can be confusing. What are your responsibilities when it comes to child support? Stepparents Are Not Primarily Responsible for Child Support In North Carolina, stepparents are not primarily responsible for a child's financial support; the biological or adoptive parents are. As a stepparent, you have no legal duty to pay child support if your marriage to the child's parent ends by divorce or death. However, nothing prevents a stepparent from voluntarily offering support in a “in loco parentis” role. You can choose to provide financial support to a child through a valid separation agreement. By acting “in loco parentis,” you assume the status and responsibility of a parent to the child without formally adopting them. Stepparents May Be Secondarily Liable There could be some circumstances in which the stepparent's child support obligation is secondarily liable to the legal parents. When a judge considers your responsibility as a stepparent to pay child support, they consider it against the legal parents' ability to provide support for the child. If the legal parents cannot meet the child's reasonable needs, you could be responsible for making up for the deficiency. In situations of secondary liability, the judge must determine the stepparent's obligation on a case-by-case basis. The normal rules of North Carolina child support guidelines do not apply. Determining a Legal Parent's Support Obligation When the court sets the legal parent's child support obligation, it cannot factor in the stepparent's income. However, one exception to this rule would be if you are providing health insurance to your stepchild. Your health insurance premium for the child can be credited to your spouse when calculating the legal parents' child support obligations. Skilled Family Law Guidance If you are a stepparent with questions about your financial responsibilities to your children, we can help. Call us at  919-719-2785  or contact us online. Our experienced family law attorneys can answer all your questions and help you find the best solution for your family.
If you've recently undergone a name change, it's a good idea to double-check your credit score. Why? Although changing your name shouldn't affect your credit , it's important to remember that mistakes happen. The equations that factor into a credit score may not consider identifying info like your name, but real (error-prone) people combine, update, and analyze credit databases and reports. With each ID change comes the opportunity for typos, mismatches, omissions, and more. Avoid These Credit-Related Challenges After a Name Change There are two types of credit errors that crop up with some regularity. These include: Incomplete credit files that feature data about one person in two separate places Seemingly-complete credit files that include the data of two different people These and other anomalies could result in credit errors and changes that could affect your ability to manage your finances as you'd like. Facing a Credit Challenge? Here's What you Need to Know First of all, you may be able to prevent credit challenges by changing your name and reporting the update promptly. Start with the Social Security Administration, update your government IDs, and make sure that your credit card company, relevant lenders, and banks are aware of your new name. If you've uncovered an existing credit error, it's time to contact the credit reporting agency. File a report that includes the following: Your contact information Your current name Any previous names you may have used Any report or confirmation numbers that could point to a specific erroneous document A clear description of the error  After filing this report, you may need to pursue further action against the agency if it doesn't correct the error. An experienced attorney can help make the most of this frustrating situation. Our North Carolina Family Law Attorneys are Here to Help When you change your name, it can seem like the paperwork never ends — and, even years later, surprising challenges may crop up. If you're dealing with a problematic credit challenge after a name change, contact the attorneys at Jerkins Family Law. We can help you understand your options. Call our team at  919-719-2785  , or reach out online at your earliest convenience.
It's a commonly-held idea that 50% of marriages end in divorce. As it turns out, that percentage may be an exaggeration ; but at least we have some idea of divorce's frequency. What do the numbers say about married couples who legally separate ? Logic dictates that this population would have a much higher chance of divorcing — but how much? Post-Separation Outcomes in Percentages About half of separated couples remain separated for one full year before divorce. This fraction shows that a separation can be a valuable cooling-off period. This time allows both partners to assess their feelings, future, and what they want. Approximately 80% of separated couples go on to divorce. 20% reconcile. Often, the types of differences that drive the decision to divorce (instead of reuniting) include: That the couple has changed too much since they were initially together. Their updated attitudes and newly-gleaned habits are too much to merge successfully That the couple has different expectations surrounding their future; perhaps one wants kids, and the other does not For the 20% that decide to give their marriage another try or even get back together after a divorce, typically, the couple has decided to be flexible about these issues. They may compromise on a long-standing argument or agree to see a specialist to overcome a problem together. Others find that they were too young and inexperienced the first time or that time apart has shown them that they were happier together. Regardless of your unique situation, keeping your interests protected is a good rule of thumb. If heartbreak and the difficulty of a divorce are in your future, you don't need to add financial insecurity and legal issues to your plate as well. Whether you're about to get separated, divorced, or thinking about giving things another go, having the name of a family law attorney on hand is critical. Your North Carolina Family Law Attorneys are Ready to Support Navigating a separation? No matter how amicable or tense the proceedings have been, you will need assistance with the logistics. The Jerkins Family Law lawyers can assist you and answer any questions. Reach out to our team today by calling us at  919-719-2785  , or connect with our team through our online form .
Both parents in North Carolina have parental rights; however, in certain cases, such as abandonment, the courts may terminate a parent's rights, deciding that it is in the best interest of the child. Terminating parental rights is serious, so the court does not make the decision hastily. To terminate parental rights due to abandonment, North Carolina law requires that the child be “willfully abandoned” for six consecutive months unless that child is an infant. In those instances, the parent must have “willfully abandoned” the infant for 60 consecutive days. The actual legislation reads anyone who, “without just cause or provocation, willfully abandons his or her child or children for six months and who willfully fails or refuses to provide adequate means of support.” To terminate parental rights, the remaining parent must provide evidence supporting the claim. In North Carolina, evidence supporting the claim to terminate parental rights must be clear and convincing (which is a higher level of proof than preponderance of the evidence). How Can You Terminate the Other Parent's Parental Rights? If an individual is seeking to terminate someone's parental rights, then there are several steps that they should take. First, the person must fall into one of four categories: a parent seeking to terminate the other parent's parental rights; a legally-appointed guardian; a government agency, such as the Department of Social Services (DSS); or a guardian with whom the child has lived for two consecutive and continuous years before the filing. First, they must file a petition with the court. This petition must include detailed evidence and facts that support the claim of willful abandonment. Once this petition is filed, the court will send out a summons to all parties involved. This summons includes notice that an answer is required within 30 days. If the parent responds, the next step is a hearing with a judge. The judge will decide based on the evidence and what is in the child's best interest. If there is no response within 30 days, the courts may order that the rights be forfeited. North Carolina Family Law Attorneys If you are involved in a situation that concerns parental rights, the attorneys at Jerkins Family Law can help. Call  555-555-5556  or contact them online to learn more.
Let's face it: These days, it's a huge accomplishment for a married couple to make it to their 50th wedding anniversary. In fact, only about 6 percent of couples make it that far, according to Census data . Typically, one of the most common questions we want to ask couples like these is, "How do you do it?" The truth is, other than just living long enough, those who do make it to their Golden Anniversary, often share common habits which help keep their marriages together. Here are a few of the most important ones: They Communicate Well. Good communication is essential for any relationship to thrive, but it's especially important in a marriage. Couples who make it to 50 years or more have usually learned how to communicate effectively with each other. They don't shy away from difficult conversations; instead, they see them as an opportunity to learn more about each other and grow their relationship. They know how to fight constructively, and they know how to make up. They Have a Shared Vision for Life. Couples who make it to 50 years or more may not agree on everything all the time, but they do tend to have a shared idea of what they want out of life, and they are committed to walk with each other toward those goals. This can be anything from raising a family and owning a home to traveling the world together or simply growing old side-by-side. But whatever their plans are, having a shared vision for life gives them something to strive for together and helps keep their marriage strong. They Put Their Spouse First. For a marriage to last, each spouse needs to feel like they're a priority to the other. Those who make it to 50 years or more often have a "we before me" mentality. Each is willing to put their spouse's needs before their own, and they know this is crucial for a strong relationship. However, for this to translate into a lasting marriage, both spouses need to share this sense of priority. (If one spouse puts the other first and the other doesn't reciprocate, it can make the first feel taken for granted or that their needs aren't valued.) They Make the Choice. (Sometimes Daily.) A good marriage is more than just making vows and keeping them. Any marriage is a choice—a decision to love, honor, and cherish your spouse no matter what. Couples who make it to their 50th anniversary have usually made that choice repeatedly throughout their years together. No relationship is perfect, and there will be times when it's difficult to choose your spouse. But those who do make it to their 50th have usually found that, more often than not, choosing each other is worth it. Of course, life "happens," and for many couples, it's just not possible to stay together for 50 years for a wide range of reasons beyond their control. If you need compassionate legal help to move through a divorce, the Jenkins Law Firm is here to assist. Call us today at  555-555-5556  or contact us online .
Divorce cases can be volatile, especially if one of the spouses has committed adultery. In North Carolina, couples must be separated for one year before the court will grant them an Absolute Divorce, and the law does not make an exception for adultery. Although North Carolina is a "no fault" divorce state, one or both spouses' infidelity can affect the final settlement. Alimony in North Carolina Divorce North Carolina is an "equitable distribution" state, so the court divides the couple's marital assets equitably, not necessarily equally. When determining if alimony payments are appropriate, the court considers any marital misconduct, the earning capacity of each spouse, ages, length of marriage, and standard of living, among other factors. The financially-dependent spouse must show the court that he or she cannot meet the expenses in the budget with his or her own earnings, even when living a no-frills lifestyle. North Carolina law considers adultery "marital misconduct," so it can significantly affect alimony payments. However, the court does not consider adultery "marital misconduct" if the other spouse condones the infidelity or forgives the other spouse for his or her actions. If the spouse with stronger earning potential committed adultery, the court must award alimony. If the financially-dependent spouse committed adultery, the court may deny alimony, especially if the financially-dependent spouse moves in with his or her paramour. Property Division in North Carolina Divorce In some cases, adultery can also affect property division, especially if the spouse committing the infidelity used a significant amount of marital assets to entertain or support a paramour, such as large amounts of money from a joint bank account. The court may find that awarding more marital assets to the other spouse is equitable. Child Custody and Child Support in North Carolina Adultery rarely affects child custody. North Carolina's standard is "in the best interest of the child." If the spouse committing adultery did not expose the children to inappropriate or dangerous situations related to the affair and is otherwise a fit parent, he or she will retain legal custody. North Carolina has very specific guidelines for determining child support payments. Adultery does not affect this in any way. Has Your Spouse Committed Adultery in North Carolina? Although the court cannot grant an absolute divorce for adultery until you have been separated from your spouse for one year, you can file for a divorce from Bed and Board on the grounds of adultery. This is a fault-based, court-ordered legal separation. As part of this separation, if you are the financially-dependent spouse, you may file for post-separation alimony, which will provide financial support until the court grants your final divorce decree. You may also ask the court to grant you possession of the family home. If your spouse committed adultery and you are considering filing for divorce, contact the family law attorneys at  Jerkins Family Law  in Raleigh, North Carolina, today. Our dedicated attorneys understand that you may be feeling hurt and betrayed, and we can present the strongest case to the judge for you or negotiate out of court to prevent further embarrassment -- though it is a perfectly normal and justified emotion -- during this emotional time. Visit our Divorce page and call our office at  555-555-5556  or contact us online .
