Primary Legal Child Custody: Why It's Important and When To Pursue It | Allan Brandon Tise, PLLC, Attorney at Law

When it comes to child custody battles, the primary focus is the well-being of the child. While joint custody arrangements can work well for many families, you may have a situation where primary legal custody (in your favor) is the best option. Take a look at what you need to know about primary legal custody in North Carolina and some of the top reasons why a parent might want to go this route.

What Is Primary Legal Child Custody In North Carolina?

There is not one type of child custody in North Carolina. Instead, the main categories include legal and physical custody. In North Carolina, as in other states, legal custody gives the parent (or parents, depending on the agreement) the ability to make important decisions for the child or children. These decisions could include the choice of educational institution, health/medical care and treatments, or religion.

Unlike legal custody, physical custody does not necessarily grant the parent a decision-making right. This type of custody focuses on physical care. The child will live with the parent who has physical custody of them. If both parents are awarded physical custody, the child will split their time between the two homes. This type of shared agreement is called joint, shared, custody. Joint, shared, custody can apply to legal and physical custody agreements.

In North Carolina, parents can also file for primary legal or physical custody. Primary legal custody gives the parent primary decision-making rights. If you have sole legal custody, the other parent will not have the equal right to make decisions about your child's schooling, healthcare, the religion they practice, or anything else that is considered significant or important.

Why Is Primary Legal Child Custody Important?

The tie breaking authority to make major decisions regarding the child's life can help to maintain consistency and prevent conflicts that may arise when one parent is incapable of making decisions in the child’s best interests. decision-making power. It ensures that important choices align with the parent's values and what he/she believes is best for his/her child. While it is not always necessary for one parent to take full control of decision-making for the child, and Courts often give joint legal custody some families can benefit from a primary legal custody agreement.

In situations where one parent is concerned about the stability or safety of the child, pursuing primary legal custody can provide a level of protection. Safety concerns could include parental substance abuse, domestic violence, neglect, or other factors that could potentially harm the child. Not only could these types of situations put the child in jeopardy, they could significantly impact the parent's ability to make healthy, thoughtful decisions or lead to decisions that have negative consequences.

What Happens If the Parents Don't Agree With Each Other?

High-conflict relationships between parents can negatively impact children's emotional well-being. Constant disagreements and what feels, to the child, like an ever-present battle between two people who they love, can have lasting effects.

A 2021 study published in the Journal of Child and Adolescent Trauma found a connection between high-conflict divorces and an increased likelihood of childhood post-traumatic stress symptoms. Primary legal custody can reduce the likelihood of disagreements and conflicts that arise when both parents share decision-making authority. In some situations, this may create a more stable and peaceful environment for the child to thrive.

Why Would a North Carolina Court Award Primary Legal Custody?

There is not one universal reason why a North Carolina Court would or could award primary legal custody to a parent. The court will take the child's best interests into consideration when making custody decisions.



If a parent genuinely believes that primary legal custody serves their child's best interests, he/she may pursue it. If the court agrees, they will award it. This is often the case if one parent is significantly more capable of providing emotional support, maintaining a stable home environment, or making decisions that are in line with the child's needs and well-being or when one parent’s work schedule is not conducive to equally sharing custody, or one parent has signification issue which make equal custody against the child’s best interest.

Do you want to learn more about child custody in North Carolina? Contact the office of Allan Brandon Tise, PLLC, for more information.