The Best Interest of the Children

Under North Carolina law, the Courts will determine custody arrangements according to what is “best interest of the child.” What this means is that the Judge has a lot of flexibility in determining, based on the evidence, what he or she believes is best for the child. Each party will have the opportunity to present evidence and witnesses regarding their claim for custody. Depending on the parties and the issues involved, custody matters can be complex and expensive. At times the Court will assign a Guardian ad Litem, who is a neutral third party, to investigate what he or she believes is the custody schedule that best serves the interest of the child. Other times, especially in high conflict cases, the Court may order a custody evaluation of the parties and the children.