Child custody litigation in Wake County begins when one parent files a Complaint for Child Custody. The complaint often includes claims for both “temporary” and “permanent” custody. Once filed, the case moves forward on two separate tracks: an initial temporary custody hearing and, if needed, a permanent custody trial.
Here is a quick video breakdown of Child Custody Litigation from Associate Attorney Lucas Helton:
Temporary Child Custody Hearings
After the complaint is filed, the court automatically schedules a temporary custody hearing, usually within about 60 days.
These hearings are brief—generally limited to two hours—and are intended to provide short-term stability for the child or children in a manner that serves their best interests while the case continues.
Temporary custody hearings:
- Allow the court to address immediate concerns
- Result in a short-term order intended to maintain structure and safety
- Serve as a temporary arrangement until the parties reach an agreement or proceed to a permanent hearing
Because of the limited time, the court’s focus is narrow: addressing the child’s immediate needs and establishing a workable plan in the interim.
Permanent Child Custody Hearings
Either parent may then request that permanent custody be heard by the court. Permanent custody hearings are far more detailed and require cooperation between the parties when selecting a court date.
Permanent custody trials:
- Are significantly longer (often 4–12 hours depending on the complexity of the case)
- Allow for a full presentation of evidence, including more expansive witness testimony
- Lead to a final custody order that governs the parties moving forward
At the conclusion of the permanent custody trial, the judge issues a custody determination based on the “best interest of the child” standard.
How the Court Determines the “Best Interest of the Child”
North Carolina law requires the court to consider the child’s best interest when making any permanent custody determination. Judges evaluate a wide range of factors, including but not limited to:
- Each parent’s stability, such as consistent housing, employment, and ability to maintain a routine
- History of caregiving, including who has been primarily responsible for day-to-day care
- The child’s safety, including any concerns related to substance abuse, domestic violence, or mental health
- Each parent’s willingness to support the child’s relationship with the other parent
- The child’s individual needs, including educational, medical, and emotional considerations
- The parents’ ability to communicate and make decisions jointly
- Continuity and consistency, such as school, community ties, and established routines
The court’s decision is based on the totality of the circumstances, with the goal of promoting the child’s long-term welfare and stability.
