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HOME   State Custody Excerpts
North Carolina

§ 50-13.2.  Who entitled to custody; terms of custody;
       visitation rights of grandparents; taking child out of
       State.
  (a)An order for custody of a minor child entered pursuant
to this section shall award the custody of such child to such
person, agency, organization or institution as will best promote
the interest and welfare of the child. In making the
determination, the court shall consider all relevant factors
including acts of domestic violence between the parties, the
safety of the child, and the safety of either party from
domestic violence by the other party and shall make findings
accordingly. An order for custody must include findings of fact
which support the determination of what is in the best interest
of the child. Between the mother and father, whether natural or
adoptive, no presumption shall apply as to who will better
promote the interest and welfare of the child. Joint custody to
the parents shall be considered upon the request of either
parent.
  (b) An order for custody of a minor child may grant joint
custody to the parents, exclusive custody to one person, agency,
organization, or institution, or grant custody to two or more
persons, agencies, organizations, or institutions. Any order for
custody shall include such terms, including visitation, as will
best promote the interest and welfare of the child. If the court
finds that domestic violence has occurred, the court shall enter
such orders that best protect the children and party who were
the victims of domestic violence. Such orders may include a
designation of time and place for the exchange of children away
from the abused party, the participation of a third party, or
supervised visitation. If a party is absent or relocates with or
without the children because of an act of domestic violence, the
absence or relocation shall not be a factor that weighs against
the party in determining custody or visitation. Absent an order
of the court to the contrary, each parent shall have equal
access to the records of the minor child involving the health,
education, and welfare of the child.

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