Dec32025
Family Law Q&A Series

Can I ask the court to address disruptive behavior by the other parent during hearings, and will that affect custody or visitation? – North Carolina

Short Answer

In North Carolina, a party may ask the district court judge to address disruptive behavior by the other parent during custody or visitation hearings, including warnings, removal from the courtroom, or contempt. That behavior can affect custody or visitation only if the judge finds it is part of a broader pattern that impacts the child’s welfare and best interests. The court focuses on how each parent’s conduct—inside and outside the courtroom—affects the child, not on isolated outbursts alone.

Understanding the Problem

The question is whether, in a North Carolina family court custody or visitation case, one parent can ask the judge to step in when the other parent behaves disruptively during hearings, and whether that behavior will change the custody or visitation outcome. The focus is on a pending domestic case between parents in district court, where one parent has already been removed from the courtroom at least once and new custody or visitation petitions are pending. The concern is whether the court will treat disruptive conduct as a serious factor when deciding decision-making authority, parenting time, or conditions such as supervision.

Apply the Law

Under North Carolina law, custody and visitation decisions between parents are made under the “best interest of the child” standard, and the district court has broad authority to manage courtroom behavior and to enforce its orders. The judge may consider nearly any relevant conduct by a parent, including hostility, refusal to follow rules, or interference with court processes, as long as it can be linked to the child’s welfare. Custody and visitation cases are heard in district court, usually in the county where the child resides, and are governed by North Carolina’s custody statutes and the civil rules.

Key Requirements

  • Best interest of the child: The court must award custody and set visitation in a way that best promotes the child’s welfare, considering all relevant factors, including the parents’ conduct and ability to co‑parent.
  • Link between behavior and the child: The judge must be able to connect a parent’s behavior—such as disruptive courtroom conduct or refusal to follow orders—to the child’s safety, stability, or emotional well‑being.
  • Court authority and enforcement: The judge may control the courtroom, issue temporary or final custody and visitation orders, and use contempt or other remedies to address violations or serious misbehavior.

What the Statutes Say

Analysis

Apply the Rule to the Facts: In the described situation, the co-parent has already been removed from the courtroom once, which shows the judge has exercised authority to control disruptive conduct. Under the best-interest standard, that behavior matters only if the judge links it to the child’s welfare—such as showing poor impulse control, aggression, or refusal to follow authority that also appears in parenting or exchanges. If the disruptive conduct appears isolated to litigation stress and there is no evidence it harms or destabilizes the child, it may have limited impact on the final custody or visitation terms.

Process & Timing

  1. Who files: A parent or party to the custody case. Where: In North Carolina district court in the county where the custody case is pending. What: A motion filed in the existing case (for example, a motion regarding courtroom conduct, for contempt, or to modify custody/visitation) asking the judge to address specific disruptive behavior and, if appropriate, to consider its effect on custody or visitation. When: Typically filed after problematic incidents occur, and before or at the next scheduled hearing.
  2. The court may set the motion for hearing, often on the same date as other pending custody or visitation issues. At that hearing, the judge can hear testimony, review prior incidents (including removal from the courtroom), and decide whether to issue warnings, impose rules for future hearings, or take up possible contempt or sanctions.
  3. In a final or modified custody order, the judge may incorporate findings about the disruptive behavior, decide whether it shows poor judgment or inability to co‑parent, and, if warranted, adjust legal custody, physical custody, visitation schedules, or impose conditions such as supervised visitation, counseling, or communication rules.

Exceptions & Pitfalls

  • Isolated outbursts during a stressful hearing, without proof they affect the child’s safety or well-being, may not significantly change custody or visitation.
  • If disruptive conduct is tied to deeper problems—such as untreated mental health issues, substance abuse, or a pattern of interference with the other parent’s contact—the court is more likely to treat it as a substantial factor in the best-interest analysis.
  • Failure to document incidents (for example, dates, what was said or done, whether the judge issued warnings or removed a parent) can make it harder to show a pattern that impacts the child.
  • Repeated contempt findings or willful violations of custody or visitation orders, especially when they interfere with the child’s relationship with the other parent, can justify modifying custody or increasing restrictions on visitation.
  • Parties who themselves become disruptive or disrespectful in court risk having that behavior weighed against them, so requests for court intervention should be made calmly and through proper motions or objections.

Conclusion

North Carolina district courts can and do address disruptive behavior by a parent during custody and visitation hearings, including removal from the courtroom or contempt if needed to maintain order. That behavior can affect custody or visitation only when the judge finds it reflects on the parent’s ability to provide a safe, stable, and healthy environment for the child. The key is whether there is a clear link between the conduct and the child’s welfare, supported by evidence and written findings. A practical next step is to file a motion in the existing district court case asking the judge to address the specific disruptive incidents and, if appropriate, to consider them in the best‑interest analysis.

Talk to a Family Law Attorney

If a co-parent’s disruptive behavior in North Carolina family court is creating concern about safety, stability, or the fairness of custody hearings, our firm has experienced attorneys who can help explain options and timelines and prepare targeted motions. 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 a specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If there is a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.