This page was written, edited, reviewed & approved by Justin C. Olsinski following our comprehensive editorial guidelines. Justin C. Olsinski, the Founding Partner, has 16+ years of legal experience as an attorney.
Child custody decisions are among the most consequential matters a family court will ever make, and they deserve the attention of a lawyer who understands both the law and the emotional stakes involved. If you are going through a separation or divorce in Concord or Cabarrus County, or if you need to modify or enforce an existing custody order, The Olsinski Law Firm is here to help. Our family law attorneys guide parents through the North Carolina custody process with clarity, commitment, and a focus on what matters most: the well-being of your children.
Under N.C.G.S. § 50-13.2, all child custody orders in North Carolina must be based on the best interest and welfare of the child. No presumption exists in favor of either parent based on gender, and the court has broad discretion to consider any factor it deems relevant to the child's well-being. Factors that courts in Cabarrus County regularly weigh include:
Legal custody refers to the right and responsibility to make major decisions about a child's life, including decisions about education, healthcare, religious upbringing, and extracurricular activities. Legal custody can be sole (one parent makes decisions) or joint (both parents share decision-making authority). In most Cabarrus County cases, courts favor joint legal custody unless there is a specific reason why shared decision-making would not work, such as a history of domestic violence or an inability to communicate effectively.
Physical custody refers to where the child primarily lives and who provides day-to-day care. Physical custody can also be sole or joint. Sole physical custody typically means the child lives primarily with one parent and has scheduled time with the other. Joint physical custody means the child spends significant time in both homes, though not necessarily an equal 50-50 split. The specific schedule is tailored to the child's needs, the parents' work schedules, and other practical factors.
Before a contested custody matter can be heard in Cabarrus County District Court, the parties must typically attend custody mediation, as required under N.C.G.S. § 50-13.1. Mediation is a process facilitated by a neutral mediator who helps the parents reach a parenting agreement without litigation. It is confidential, and if successful, it results in a parenting plan that becomes a court order. Mediation can be waived in cases involving domestic violence or other circumstances where direct negotiation would be unsafe or inappropriate.
Custody orders are not permanent. If there has been a substantial change in circumstances since the original order was entered, either parent can seek a modification. Substantial changes that courts in North Carolina have recognized include a significant change in a parent's work schedule or living situation, the child's preference changing as they mature, evidence of abuse or neglect that was not present at the time of the original order, or one parent relocating out of the area. The parent seeking modification must demonstrate both the substantial change and that a new custody arrangement would better serve the child's best interest.
When a child faces an immediate threat of physical harm or is about to be removed from North Carolina without court authorization, a parent can petition for an emergency custody order without prior notice to the other parent. Emergency orders are temporary and must be followed by a hearing where both parents can present their positions. If you believe your child is in immediate danger, contact a family law attorney immediately.
No. North Carolina law explicitly states that there is no presumption in favor of either parent based on gender. Courts apply the same best interest standard to both mothers and fathers. The outcome depends on the specific facts of the case, the evidence presented, and the court's assessment of what arrangement will best serve the child.
North Carolina does not have a specific age at which a child can unilaterally decide where to live. Courts give increasing weight to the preferences of older, more mature children, but the ultimate decision always rests with the judge based on the best interest of the child. A 12 or 14-year-old's preference may be considered meaningfully; a 7-year-old's preference is given less weight.
If there is an existing custody order in place, you generally cannot relocate out of state with your child without either the other parent's written consent or a court order allowing the relocation. Relocating without permission can result in contempt-of-court proceedings and may lead to a modification of the custody order in favor of the other parent. Before planning any relocation, consult an attorney about the proper procedure.
Child custody decisions affect your family for years to come, and you deserve a lawyer who takes that seriously. The Olsinski Law Firm represents parents in Concord and throughout Cabarrus County in all phases of custody proceedings, from initial orders through modification and enforcement. Call Concord at 704-918-4747 or Charlotte at 704-405-2580, or contact us online to schedule a family law consultation.
Mr. Olsinski founded his criminal defense practice in Charlotte, NC, in January 2010. He has successfully defended cases ranging from B1 Felony First Degree Sex Offenses/First Degree Murder to Misdemeanor marijuana charges.
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