Feb102026
Family Law Q&A Series

Can I ask for custody or visitation at the same time I’m dealing with child support? – North Carolina

Short Answer

Yes. In North Carolina, custody/visitation and child support can be handled at the same time, and they are often filed in the same District Court case. The court can address one issue without waiting for the other, but the way the case is scheduled may differ depending on whether it is treated as a “child support case” on an expedited calendar or a custody case that goes through custody mediation. A lawyer can help decide whether to file both claims together or coordinate them so deadlines and hearings line up.

Understanding the Problem

In North Carolina family law, a parent may be dealing with a child support case and also want a court order that sets custody or visitation (parenting time). The practical question is whether custody/visitation can be requested in the same court matter while child support is being established, enforced, or modified, or whether the issues must be handled separately. The key trigger is whether there is already an open court case involving the child (or a related divorce case), because that often determines whether the request is filed as a new civil action or as a motion in the existing case.

Apply the Law

North Carolina allows claims involving minor children to be brought together. The statutes treat “custody and support” to include custody or support, or both, and they set out how these claims can be filed and where they can be heard. Custody/visitation decisions focus on the child’s best interests, while child support focuses on financial responsibility; they are related, but they are not the same issue and may move on different tracks in court.

Key Requirements

  • A proper custody/visitation claim is filed: A custody action can be brought by a parent (and in some situations others), and “custody” includes visitation unless the pleadings clearly show a different intent.
  • The court has jurisdiction for custody: Custody jurisdiction is governed by North Carolina’s UCCJEA rules (for example, whether North Carolina is the child’s “home state” or has another basis to act).
  • The case is in the right forum and posture: Custody and support are generally heard in North Carolina District Court, and they may be filed as a standalone civil action or raised by motion in an existing Chapter 50 case (including certain divorce-related cases).

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the parent is pursuing a child support matter involving a minor child and also wants custody rights. North Carolina law allows custody/visitation and support to be addressed in the same District Court case, so it is generally possible to request custody or visitation while the support case is pending. The main practical issues are (1) whether there is already an open case where a custody request can be filed by motion, and (2) whether the custody request will change scheduling because contested custody typically triggers custody mediation, while support cases may be placed on a faster support calendar.

Process & Timing

  1. Who files: Typically a parent. Where: North Carolina District Court (usually in the county where the child resides/is present or where a parent resides, depending on the case posture). What: A custody complaint (or a motion in the cause if there is already a qualifying pending case) and/or a child support complaint/motion. When: Often at the start of the support case or as soon as it becomes clear that a custody/visitation order is needed.
  2. Scheduling track: If custody/visitation is contested, the court commonly sets the custody issues for custody mediation (unless waived for good cause). Child support may be scheduled separately and, in some situations, may be handled on an expedited support calendar; when custody/visitation is disputed, the case may be treated as more complex and handled by a District Court judge rather than only a support hearing process.
  3. Temporary orders: If needed, the court can enter temporary custody and/or temporary support orders while the case is pending, but emergency custody relief has specific limits and is not automatic.

Exceptions & Pitfalls

  • Child support and visitation are not a trade: A parent generally cannot withhold visitation because support is not being paid, and a parent generally cannot stop paying support because visitation is being denied. These issues are enforced through court processes, not self-help.
  • Custody mediation vs. support scheduling: Adding a custody claim can change the pace of the case because contested custody usually triggers mediation requirements, while support may otherwise move faster. Strategy matters.
  • Jurisdiction problems: Custody requires the right jurisdictional basis under North Carolina’s UCCJEA rules. If another state is the child’s “home state” or there is an existing custody order elsewhere, the North Carolina court may have limited power to enter or modify custody.
  • Emergency custody requests can backfire: Asking for immediate custody changes without facts that meet North Carolina’s emergency standards can damage credibility and may not result in the relief requested.
  • Filing in the wrong case posture: If there is already a pending divorce-related action that is not final, North Carolina venue and joinder rules may require custody/support issues to be brought in that existing case rather than starting a separate one.

Conclusion

North Carolina law generally allows custody/visitation and child support to be addressed at the same time, and they are often handled in the same District Court case. Custody focuses on the child’s best interests, while support focuses on financial responsibility, so the court may schedule them differently (including custody mediation when custody is contested). A practical next step is to file a custody/visitation claim (or a motion in the existing case) in District Court and ensure proper notice is given—often at least 10 days for certain motions in a pending action.

Talk to a Family Law Attorney

If you’re dealing with a child support case and also need a custody or visitation order, our firm has experienced attorneys who can help you understand your options and 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.