Legal Aid of North Carolina

1. Primary caregiver

Once a parent is identified as the primary caregiver, often the court awards custody to that person. The primary caregiver is generally the parent that the child lives with on a regular and consistent basis. If the parents were married, the primary caregiver is typically the parent the child lives with after separation.

HOWEVER: other factors may be considered and depending on the circumstances, the court may give custody to the noncustodial parent, that is, the parent who does not have the child.

2. Preservation of "status quo"

This means that the the Court is likely to favor the decision that causes the least change in the child’s life.

3. Child care arrangement

When parents are employed, it is important that they have a plan for the care of the child. When custody is being decided, it is important that an employed parent who seeks primary custody has made dependable care arrangements for the child or children.