Which Parent Gets Legal Custody in North Carolina?

Legal custody and physical custody are not the same thing. While both are brought up in North Carolina custody cases, they deal with two different aspects of parenting. Physical custody applies to the parent that has the child in their care. Essentially, the parent with whom a child lives most of the time has physical custody. Legal custody carries the right and responsibility to decide on important matters for a child’s welfare and best interest.

It is common for both parents to have shared legal custody, but courts may decide differently based on the best interest of the child. Sometimes, the physical custody arrangement impacts legal custody, which is what occurred in the case of Urvan v. Arnold.

Urvan v. Arnold

In this Court of Appeals case, Father appealed an order that granted Mother primary physical custody of their child and final decision-making authority regarding major decisions. Father argued that the court made a mistake by determining custody based on the best interest standard rather than using the substantial change of circumstances standard. However, Father failed to preserve his argument regarding the best interests standard, so that part of his appeal was dismissed.

Legal Custody and Tiebreaker Authority

Father filed for custody of the child, and Mother filed counterclaims for custody and support. The trial court determined that once the child began school, Mother would have primary physical custody. The court also ruled that it would be in the best interest of the child for the primary custodial parent to have final decision-making authority. Father appealed.

Findings of Fact

In the trial court’s ruling, numerous findings of fact were outlined regarding the parents’ communication. Father and Mother had difficulty communicating, and Father was often condescending and demanding toward Mother. Father’s comments about Mother that he made to the child were not healthy or in the child’s best interest. Further, he had been uncooperative about telling Mother who was watching the child during his time and demanded that Mother not have direct contact with the child’s nannies.

The trial court’s decision regarding legal custody was that when mutual decisions could not be reached, Mother would have the final say. This was considered to be in the best interest of the child due to the parents’ past disagreements and inability to cooperate, as well as statements by Father in which he told the child that Mother was to blame for the child not being able to do what he wanted.

Ultimately, the Court of Appeals affirmed the trial court’s ruling on legal custody.