How can I get a court order for 50-50 custody of my child? – North Carolina

Short Answer

In North Carolina, there is no automatic right to a 50-50 custody schedule. A court can order equal parenting time if it finds that arrangement best promotes the child’s best interests and welfare. The usual path is to file a custody case in District Court, complete court-ordered custody mediation (unless waived), and then present a workable 50-50 plan to the judge if the case does not settle.

Understanding the Problem

In North Carolina family law, the key question is whether a parent can obtain a court order that sets an equal (50-50) custody schedule with the other parent. The decision point is whether the court will approve a shared schedule as the arrangement that best supports the child’s day-to-day needs, stability, and overall welfare. The process typically involves asking the District Court to enter a custody order that spells out legal custody (decision-making) and physical custody (where the child stays on specific days and times).

Apply the Law

North Carolina custody orders are based on the child’s “best interest” standard, not a fixed formula. The court can award joint custody, sole custody, or another schedule that fits the child’s needs, and it must consider all relevant factors, including domestic violence and safety concerns. If either parent asks for joint custody, the court must consider it, but the court is not required to order a 50-50 schedule in every case.

Key Requirements

  • A custody case is properly before the court: A parent (or other eligible person) must file a custody action so the District Court has authority to enter an enforceable order.
  • The requested 50-50 plan serves the child’s best interests: The schedule should be realistic and child-centered (school/daycare logistics, transportation, routines, communication between parents, and the child’s need for stability).
  • Safety and other relevant factors are addressed: The court must consider domestic violence and any other facts that affect the child’s welfare; the final order must include written findings supporting the best-interest decision.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The goal is an order establishing parental rights and an equal schedule. Under North Carolina law, the court focuses on the child’s best interests, so a 50-50 request is strongest when it comes with a detailed, workable parenting plan that supports stability (school/daycare routines, transportation, exchanges, and communication). If the other parent disputes equal time, the case typically goes through custody mediation first, and then to a judge for a decision if no agreement is reached.

For example, a week-on/week-off schedule may work better when both parents live close to the child’s school and can reliably handle weekday routines. A different 50-50 structure (like a 2-2-3 schedule) may fit better when the child is younger or when shorter gaps between parents reduce transitions.

Process & Timing

  1. Who files: A parent. Where: North Carolina District Court (typically in the county where the child lives/is present or where a parent lives). What: A custody complaint (or a motion in an existing family case) requesting joint legal custody and a 50-50 physical custody schedule, with a proposed parenting plan. When: As soon as a court order is needed; temporary custody can be requested in appropriate cases after proper notice, and emergency ex parte changes are limited.
  2. Mediation (in most contested cases): If custody is disputed, the court typically sends the case to custody mediation unless there is good cause to waive it (for example, certain safety-related allegations or undue hardship). If an agreement is reached, it is put in writing and submitted to the court to be incorporated into a court order.
  3. Hearing and order: If mediation does not resolve all issues, the court schedules a custody hearing. The judge then enters a custody order with specific terms (including a schedule) and written findings that support the best-interest decision.

Exceptions & Pitfalls

  • Assuming 50-50 is automatic: North Carolina encourages ongoing involvement by both parents when appropriate, but the court still decides based on the child’s best interests, not a default equal-time rule.
  • Not presenting a workable schedule: A request for “50-50” without details (exchange times, holiday rotation, transportation, school breaks, communication rules) often leads to conflict and makes it harder for the court to adopt the plan.
  • Safety issues and domestic violence: The court must consider domestic violence and safety. Allegations in this area can change the schedule, require safeguards, or affect whether mediation is waived.
  • Trying to get an ex parte change without meeting the high standard: North Carolina limits ex parte temporary custody orders that change living arrangements unless the court finds serious risk (such as substantial risk of bodily injury/sexual abuse or abduction).
  • Ignoring related issues that affect the schedule: Distance between homes, school/daycare logistics, and a parent’s ability to follow orders can drive the best-interest analysis even when both parents want significant time.

Conclusion

In North Carolina, a court can order 50-50 custody, but only if the judge finds that an equal schedule best promotes the child’s interests and welfare. The practical way to pursue it is to file a custody action in District Court, request joint custody and a specific 50-50 schedule, and be prepared to complete custody mediation if the case is contested. A key timing issue in many cases is that custody motions in a pending action commonly require 10 days’ notice, so planning ahead matters.

Talk to a Family Law Attorney

If you’re dealing with a custody dispute and want a court order that sets a 50-50 schedule, our firm has experienced attorneys who can help explain the process, prepare a child-centered parenting plan, and track the timelines that apply in North Carolina. Call us today at [CONTACT NUMBER].

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.