In North Carolina, any history or presence of domestic violence in a child custody case can have a significant impact on the court's decision in the case. As the National Council of Juvenile and Family Court Judges notes, the harmful effects of domestic violence on children are well-documented. Even if the domestic violence does include physical child abuse, North Carolina courts have an obligation to consider anything that affects the child's health and safety.
Factors
In any child custody case, North Carolina courts must award custody based on what is in a child's best interest. The court must consider all relevant factors when making such decisions, including any presence of domestic violence, whether or not criminal charges have been brought by the state. North Carolina General Statutes 50-13.20(a) requires a court to consider the safety of the child and the abused spouse, or spouses, in all child custody cases.
Significance
Domestic violence can have a significant impact on who gets custody of the child. North Carolina General Statutes 50-13.20(b) states that the court must enter custody orders that best protect the children and any victims of domestic violence. This custody award can be given to one parent, a state agency, an organization or an institution at the judge's discretion, as long as the order best protects the child's health and well-being.
Time Frame
Child custody cases are ruled on by a judge once a parent files a case in court, such as a divorce. Once the case is filed and the court has heard from both parents, the judge can then make a ruling and award custody. However, in some cases, North Carolina courts can grant ex parte custody orders. These orders are granted without the court hearing evidence from both sides. These ex parte orders are far more common in domestic abuse situations, in which one party needs immediate court action to prevent harm to the child.
Consequences
Not only does evidence of domestic violence directly affect a family court judge's custody decision, but any domestic violence situation can lead to criminal consequences for an abuser. Any number of criminal violations can occur as a result of domestic violence in North Carolina: domestic criminal trespass, stalking, and assault in the presence of a child.
Warning
Domestic violence situations should never be taken lightly. Talk to a North Carolina attorney if you need legal advice about your case or have questions about the law. You can also contact domestic violence support groups in your area. These groups offer advice and resources you can use to protect yourself from domestic violence situations.
References
- Justia: North Carolina General Statutes 50-13.2.
- Rosen Law Firm: Child Custody: The details
- Justia: North Carolina General Statutes 14-134.3. Domestic criminal trespass.
- Justia: North Carolina General Statutes 14-33. Misdemeanor assaults, batteries, and affrays, simple and aggravated; punishments.
- National Council of Juvenile and Family Court Judges: A Judicial Guide to Child Safety in Custody Cases
