Bill > S162

This bill establishes a presumption of joint custody and shared parenting in North Carolina custody cases, fundamentally changing how child custody is determined. The legislation creates a legal presumption that children should spend as close to equal time with each parent as possible, with the goal of promoting meaningful involvement from both parents after separation or divorce. Under the new law, courts must consider eleven specific factors when determining custody arrangements, including the child's wishes, parent-child relationships, each parent's motivations, the child's adjustment to home and school, and the mental and physical health of all involved parties. The bill introduces a rebuttable presumption that joint custody is in the child's best interest, meaning that shared parenting will be the default arrangement unless clear and convincing evidence demonstrates it would not benefit the child. Importantly, the law maintains protections for victims of domestic violence, allowing courts to deviate from shared parenting if there are safety concerns. The bill also emphasizes mediation as a tool for developing custody agreements that minimize conflict and prioritize the child's wellbeing, with a specific focus on equalizing parental time and involvement. The changes aim to modernize custody determinations by recognizing the importance of both parents in a child's life and providing a more structured framework for making custody decisions.

https://www.ncleg.gov/BillLookUp/2025/S162