What happens if the other parent refuses to agree to a 50-50 custody schedule? – North Carolina

Short Answer

In North Carolina, one parent does not have to “agree” to a 50-50 schedule for it to be possible. If the parents cannot agree, the dispute usually moves into a custody case where the court can order a schedule based on the child’s best interests. The court must consider joint custody if either parent asks for it, but the court is not required to order a 50-50 split in every case.

Understanding the Problem

In a North Carolina custody dispute, the key question is: if one parent wants an equal (50-50) parenting schedule and the other parent refuses, can a court still put an equal schedule in place? This issue comes up when a parent is trying to establish parental rights and a stable time-sharing plan, but there is no agreement on overnights, exchanges, school-week time, or holidays. The decision point is whether the schedule gets set by a private agreement between the parents or by a judge through a custody order.

Apply the Law

North Carolina custody decisions turn on the “best interest of the child” standard. When parents cannot agree on a schedule, a District Court judge can enter a custody order that sets physical custody (where the child lives on given days) and legal custody (who makes major decisions), along with a detailed visitation schedule. North Carolina law also directs courts to consider joint custody when either parent requests it, but there is no automatic right to a 50-50 schedule simply because one parent asks for it.

Key Requirements

  • A custody case must be properly filed: A parent generally starts (or responds in) a custody action so the court has authority to enter an enforceable schedule.
  • The court applies the child’s best interests: The judge evaluates the facts that affect the child’s welfare (including safety issues) and then chooses the schedule that best promotes the child’s interests.
  • A workable parenting plan matters: Courts tend to focus on practical details—school/week routines, transportation, communication, and each parent’s ability to support the child’s relationship with the other parent—because a 50-50 plan only works if it can be carried out consistently.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the goal is equal custody, but the other parent refuses to agree. Under North Carolina law, that refusal does not end the inquiry—it usually means the schedule must be set through a custody case (and often mediation) rather than by agreement. The parent seeking 50-50 typically needs to present a practical, child-focused schedule and facts showing that an equal time-share is workable and supports the child’s best interests.

Process & Timing

  1. Who files: Either parent. Where: North Carolina District Court (typically in the county where the child lives). What: A custody complaint (or motion in an existing case) requesting joint legal custody and a specific 50-50 physical custody schedule. When: As soon as a stable schedule is needed or conflict is preventing consistent parenting time.
  2. Mediation (in many contested cases): If custody is contested, the case is commonly referred to court-connected custody mediation before a final hearing, unless the court waives mediation for good cause (for example, certain safety or hardship concerns).
  3. Hearing and order: If mediation does not resolve the schedule, the judge holds a hearing and enters a custody order with a detailed schedule (week-to-week time, holidays, and exchanges). Once entered, the order is enforceable.

Exceptions & Pitfalls

  • Safety issues can change the schedule: If the court finds domestic violence or other safety concerns, the court can craft a schedule that prioritizes protection and may include restrictions or conditions.
  • “Joint custody” does not always mean 50-50 time: Joint legal custody (shared decision-making) can exist even when physical time is not equal, and vice versa.
  • Vague agreements are hard to enforce: Informal “we’ll do 50-50” arrangements often break down over exchanges, holidays, and school days. A detailed written order (or consent order) reduces conflict and enforcement problems.
  • High-conflict co-parenting can derail equal time: When communication is consistently hostile or schedules are repeatedly undermined, the court may focus on a plan that reduces conflict and improves stability. In some cases after an order is entered, the court can appoint a parenting coordinator in qualifying high-conflict cases to help implement the order and resolve day-to-day disputes.

For more on related custody questions, see getting a court order for 50-50 custody and whether a new case is needed to change a parenting schedule when parents can’t agree.

Conclusion

If the other parent refuses to agree to a 50-50 custody schedule in North Carolina, the issue typically moves from negotiation to a court-set schedule. The judge decides custody based on the child’s best interests and must consider joint custody if either parent requests it, but the court is not required to order equal time in every case. The most important next step is to file a custody action in North Carolina District Court requesting a specific 50-50 schedule so the court can set an enforceable plan.

Talk to a Family Law Attorney

If you’re dealing with a co-parent who refuses to agree to a 50-50 custody schedule, our firm has experienced attorneys who can help explain the North Carolina custody process, prepare a workable parenting proposal, and keep track of timelines. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.