North Carolina Sole Custody Agreement

NORTH CAROLINA SOLE CUSTODY AGREEMENT

Consent Order for Sole Legal and Physical Custody with Visitation

NORTH CAROLINA LEGAL FRAMEWORK FOR SOLE CUSTODY

Under N.C. Gen. Stat. § 50-13.2(a), the court awards custody "to such person, agency, organization or institution as will best promote the interest and welfare of the child." North Carolina courts may award sole legal and sole physical custody to one parent when the evidence demonstrates that such an arrangement best serves the child's welfare. The court is required to make written findings of fact reflecting consideration of 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.

No Presumption of Joint Custody: North Carolina law does not create a presumption in favor of joint custody. The court exercises broad discretion to fashion the custody arrangement that serves the child's best interests.

Sole Custody Circumstances: North Carolina courts may award sole custody in cases involving domestic violence (Chapter 50B), substance abuse, parental unfitness, inability of parents to cooperate on major decisions, geographic distance, or other circumstances where sole custody best promotes the child's welfare.

District Court Jurisdiction: The District Court Division of the General Court of Justice has original jurisdiction over custody proceedings pursuant to N.C. Gen. Stat. § 50-13.5(h).

1. CASE AND COURT INFORMATION

State of North Carolina
In the General Court of Justice — District Court Division

County of [________________________________]

File Number: [________________________________]

1.1 Parties

Custodial Parent (Plaintiff / Defendant):
Full Legal Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
NC Driver's License or ID No.: [________________________________]

Non-Custodial Parent (Plaintiff / Defendant):
Full Legal Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
NC Driver's License or ID No.: [________________________________]

1.2 Minor Child(ren)

(Each individually a "Child" and collectively the "Children.")

1.3 Nature of Proceeding

This Sole Custody Agreement ("Agreement") is submitted in connection with:

☐ Action for Custody of Minor Child (N.C. Gen. Stat. § 50-13.1)
☐ Absolute Divorce Action (N.C. Gen. Stat. § 50-5.1) with custody claim
☐ Existing Custody Action — File No. [________________________________]
☐ Modification of prior custody order (N.C. Gen. Stat. § 50-13.7)
☐ Parentage / Paternity Action
☐ Domestic Violence Protective Order proceeding (N.C. Gen. Stat. Chapter 50B)
☐ Other: [________________________________]

1.4 Mediation Compliance

Pursuant to N.C. Gen. Stat. § 50-13.1(b)-(c):

☐ The parties have completed mandatory custody mediation and have reached this agreement.
☐ The parties reached agreement prior to formal mediation; mediation is not required for consent orders.
☐ Mediation was waived by the court for good cause, including: [________________________________]
☐ Mediation was waived due to domestic violence concerns.

1.5 Basis for Sole Custody

The Parents agree, or the court has determined, that sole custody to the Custodial Parent best promotes the Children's interest and welfare for the following reasons:

☐ History of domestic violence (N.C. Gen. Stat. § 50-13.2(a); Chapter 50B)
☐ Substance abuse by the Non-Custodial Parent
☐ Non-Custodial Parent's inability or unwillingness to cooperate on major decisions
☐ Geographic distance between the Parents' residences
☐ Non-Custodial Parent's extended absence (incarceration, military deployment, other)
☐ Mental health concerns affecting parental fitness
☐ History of child abuse or neglect
☐ Other: [________________________________]

1.6 Effective Date

This Agreement shall become effective as of [__/__/____], or upon the date the court enters the Consent Order, whichever is later.

2. SOLE LEGAL CUSTODY

2.1 Award of Sole Legal Custody

The Custodial Parent shall have sole legal custody of the Children, with exclusive authority to make all major decisions regarding the Children's health, education, and welfare, including:

(a) Education: School enrollment, school changes, special education evaluations and services (IEP/504 plans), tutoring, childcare, and daycare;
(b) Medical Care: Selection of physicians, dentists, and specialists; medical procedures; vaccinations; medications; orthodontic treatment;
(c) Mental Health Treatment: Counseling, therapy, psychiatric evaluation, and psychotropic medication;
(d) Religious Upbringing: Religious instruction, ceremonies, and regular religious observance;
(e) Extracurricular Activities: Enrollment in sports, clubs, camps, and other activities;
(f) Travel: Domestic and international travel decisions;
(g) Legal Matters: Legal actions taken on behalf of the Children.

2.2 Consultation Rights of Non-Custodial Parent

☐ Option A: No consultation required. The Custodial Parent may, but is not obligated to, inform the Non-Custodial Parent of major decisions in advance.

☐ Option B: Notification required. The Custodial Parent shall notify the Non-Custodial Parent of major decisions within [____] days of making the decision. The Non-Custodial Parent may express an opinion, but the Custodial Parent retains final decision-making authority.

☐ Option C: Consultation required on specified topics. The Custodial Parent shall consult with the Non-Custodial Parent before making decisions regarding: [________________________________]. The Custodial Parent retains final decision-making authority if the Parents cannot agree.

2.3 Emergency Decisions

The Custodial Parent shall make emergency decisions to protect the Children's health or safety and shall notify the Non-Custodial Parent as soon as reasonably possible, but no later than 24 hours after the emergency.

3. SOLE PHYSICAL CUSTODY AND VISITATION

3.1 Award of Sole Physical Custody

The Custodial Parent shall have sole physical custody of the Children. The Children shall reside primarily with the Custodial Parent at:

Address: [________________________________]
City, State, ZIP: [________________________________]
School District: [________________________________]

3.2 Non-Custodial Parent Visitation Schedule

Select one:

☐ Option A: Standard Visitation

• Alternating weekends: Friday at [____] PM to Sunday at [____] PM
• One midweek visit: [________________________________] (day) from [____] PM to [____] PM
• ☐ With overnight ☐ Dinner visit only
• Two (2) non-consecutive weeks during summer vacation with [____] days' advance written notice

☐ Option B: Expanded Visitation

• Alternating weekends: Friday after school to Monday morning school drop-off
• Two midweek visits per week: [________________________________] from [____] PM to [____] PM
• Four (4) weeks during summer (may be consecutive or split) with [____] days' advance written notice

☐ Option C: Supervised Visitation

• Frequency: [________________________________] (e.g., once weekly for 2 hours)

• Location: ☐ Supervised visitation center: [________________________________]
  ☐ In the presence of: [________________________________] (approved supervisor)

• Conditions:
  ☐ Non-Custodial Parent shall submit to substance abuse testing
  ☐ Non-Custodial Parent shall complete parenting classes
  ☐ Non-Custodial Parent shall complete anger management program
  ☐ Therapeutic supervision required
  ☐ Other: [________________________________]

• Step-Up Provision: The parties agree to review supervision requirements every [____] months. Upon demonstrated compliance with conditions, either party may petition the court to modify visitation to unsupervised under N.C. Gen. Stat. § 50-13.7.

☐ Option D: Restricted or No Visitation

• Visitation is ☐ suspended ☐ denied at this time due to: [________________________________]
• Conditions for reinstatement: [________________________________]

☐ Option E: Custom Schedule
[________________________________]

3.3 Exchange Location and Transportation

Exchange Location:
☐ Custodial Parent's residence (curbside)
☐ School
☐ Neutral public location: [________________________________]
☐ Supervised exchange facility: [________________________________]

Transportation:
☐ Non-Custodial Parent responsible for pick-up and drop-off
☐ Custodial Parent responsible for pick-up and drop-off
☐ Shared — Non-Custodial Parent picks up; Custodial Parent picks up at end of visit
☐ Other: [________________________________]

3.4 Holiday and Special Occasion Schedule

Holiday visitation supersedes the regular schedule.

3.5 Vacation Time

The Non-Custodial Parent may have up to [____] weeks of vacation time per year with at least [____] days' written notice to the Custodial Parent. Vacation requests shall not unreasonably interfere with the Children's school schedule or pre-existing commitments.

3.6 Communication Between Non-Custodial Parent and Children

(a) The Custodial Parent shall facilitate reasonable phone and/or video communication between the Non-Custodial Parent and Children:
☐ Daily at approximately [____] AM/PM for up to [____] minutes
☐ [____] times per week at reasonable times
☐ As mutually agreed

(b) Neither Parent shall monitor, record, or interfere with the Children's communication with the other Parent, except as age-appropriate for young children.

(c) Emergency Notification: The Custodial Parent shall notify the Non-Custodial Parent within 24 hours of any emergency, serious illness, injury, or hospitalization involving the Children.

4. DOMESTIC VIOLENCE CONSIDERATIONS (N.C. GEN. STAT. § 50-13.2; CHAPTER 50B)

☐ No History of Domestic Violence — No DVPO has been entered and no finding of domestic violence has been made.

☐ Active or Prior DVPO — A Domestic Violence Protective Order under N.C. Gen. Stat. § 50B-3 is ☐ currently in effect ☐ has been entered in the past.
Case No.: [________________________________]
Issued by: District Court, [________________________________] County
Against: [________________________________]
This Agreement is consistent with the terms of the DVPO and does not conflict with any protective order provisions.

☐ Domestic Violence Findings — The court has made findings of domestic violence under N.C. Gen. Stat. § 50-13.2(a) that support the sole custody arrangement. The visitation provisions in Section 3 are designed to protect the safety of the Children and the Custodial Parent.

Mandatory Written Findings: Under N.C. Gen. Stat. § 50-13.2(a), any custody order must include written findings of fact reflecting the court's consideration of acts of domestic violence, the safety of the child, and the safety of either party from domestic violence.

5. GUARDIAN AD LITEM (N.C. GEN. STAT. § 50-13.2(e))

☐ Not Applicable — No Guardian ad Litem has been appointed.

☐ Applicable — A Guardian ad Litem has been appointed pursuant to N.C. Gen. Stat. § 50-13.2(e) to represent the best interests of the Children.

Guardian ad Litem Name: [________________________________]
The Guardian ad Litem's recommendations: ☐ are consistent with ☐ have been considered in reaching this Agreement.

6. ACCESS TO RECORDS

6.1 Non-Custodial Parent's Right to Information

The Non-Custodial Parent shall have the right to access:
(a) School records, report cards, and progress reports (directly from the school);
(b) Medical, dental, and mental health records (directly from healthcare providers);
(c) Notification of school events and extracurricular activities.

6.2 Both Parents Listed on Records

Both Parents shall be listed as parents and emergency contacts on all school and medical records unless a court order provides otherwise.

6.3 Custodial Parent's Notification Obligations

The Custodial Parent shall provide the Non-Custodial Parent with:
(a) Copies of report cards within [____] days of receipt;
(b) Notice of significant medical events or diagnoses within [____] days;
(c) Notice of parent-teacher conferences, school events, and extracurricular activities with sufficient advance notice for the Non-Custodial Parent to attend.

7. RELOCATION

7.1 Custodial Parent Relocation

The Custodial Parent may relocate with the Children within [________________________________] (specify geographic area, e.g., the State of North Carolina / [____] County / within [____] miles of current residence) without the Non-Custodial Parent's consent, provided [____] days' written notice is given.

Relocation outside of the specified area requires either:
(a) Written consent of the Non-Custodial Parent; or
(b) A court order following consideration of the Ramirez-Barker v. Barker, 107 N.C. App. 71 (1992), factors and the best-interest standard of N.C. Gen. Stat. § 50-13.2.

7.2 Notice of Relocation

Written notice of any relocation shall include:
(a) The intended new address;
(b) The reason for the move;
(c) A proposed revised visitation schedule;
(d) The proposed effective date.

8. COVENANTS AND RESTRICTIONS

8.1 Non-Interference

The Non-Custodial Parent shall not interfere with the Custodial Parent's decision-making authority or the Children's residence with the Custodial Parent.

8.2 Non-Disparagement

Neither Parent shall make negative or disparaging remarks about the other Parent in the Children's presence or hearing. Neither Parent shall discuss court proceedings, financial disputes, or adult matters with the Children.

8.3 Timely Return of Children

The Non-Custodial Parent shall return the Children at the scheduled time and location. Failure to return the Children without reasonable notice and excuse constitutes a material breach.

8.4 Substance Use Restrictions

(a) Neither Parent shall use controlled substances (except as lawfully prescribed) during custodial or visitation time.
(b) Neither Parent shall consume alcohol to the point of impairment during custodial or visitation time.

8.5 Firearms Safety

All firearms shall be stored unloaded in a locked container or with a trigger lock, with ammunition stored separately, inaccessible to the Children.

8.6 Supervised Visitation Compliance (If Applicable)

The Non-Custodial Parent shall comply with all supervised visitation requirements, including supervision fees, behavioral expectations, and conditions imposed by the supervisor or Court.

8.7 No Parental Alienation

Neither Parent shall engage in conduct designed to alienate the Children from the other Parent or undermine the parent-child relationship.

9. DISPUTE RESOLUTION

9.1 Good-Faith Communication

Parents shall first attempt to resolve disputes through direct communication.

9.2 Court-Ordered Mediation

Pursuant to N.C. Gen. Stat. § 50-13.1(b)-(c), contested custody and visitation issues must be set for mediation through the NC Custody and Visitation Mediation Program before a trial hearing, unless the court waives mediation for good cause.

9.3 Parenting Coordinator (N.C. Gen. Stat. §§ 50-90 through 50-100)

☐ A Parenting Coordinator has been appointed or may be appointed to assist with implementation of this order and resolution of day-to-day disputes.
☐ Not applicable.

9.4 District Court Hearing

If mediation fails, either Parent may request a hearing before a District Court Judge applying the best-interest standard of N.C. Gen. Stat. § 50-13.2(a).

9.5 Governing Law and Forum

This Agreement is governed by North Carolina law. The General Court of Justice, District Court Division, [________________________________] County, retains exclusive, continuing jurisdiction pursuant to the UCCJEA (N.C. Gen. Stat. §§ 50A-101 through 50A-317).

9.6 Attorney's Fees

The court may award reasonable attorney's fees pursuant to N.C. Gen. Stat. § 50-13.6.

9.7 Contempt

Willful violation of this order may be punished by contempt of court under N.C. Gen. Stat. § 5A-21.

10. INSURANCE AND MEDICAL EXPENSES

(a) Health Insurance: [________________________________] (Custodial Parent / Non-Custodial Parent) shall maintain health, dental, and vision insurance for the Children.
(b) Unreimbursed Medical Expenses: ☐ Custodial Parent pays 100% ☐ Split [____]% / [____]% ☐ Proportional to income
(c) Automobile Insurance: Each Parent shall maintain liability automobile insurance when transporting the Children.

11. MODIFICATION

This Agreement, once incorporated as a court order, may be modified pursuant to N.C. Gen. Stat. § 50-13.7 upon a showing of a substantial change in circumstances affecting the welfare of the Children, or upon the mutual written consent of both Parents with court approval.

12. GENERAL PROVISIONS

12.1 Integration

This Agreement constitutes the entire understanding regarding custody and supersedes all prior agreements.

12.2 Amendment

This Agreement may be modified only by written stipulation of both Parents and court approval, or by court order.

12.3 Severability

If any provision is unenforceable, the remaining provisions remain in full force and effect.

12.4 Counterparts

This Agreement may be executed in counterparts and by electronic signature.

12.5 Notice

All notices shall be sent to the addresses listed in Section 1.1.

13. NC AOC FORMS CHECKLIST

☐ AOC-CV-600 — Complaint for Custody (or Motion in the Cause)
☐ AOC-CV-100 — Civil Summons
☐ AOC-CV-785 — Domestic Civil Action Cover Sheet
☐ AOC-CV-609 — Order for Custody (Consent Order)
☐ North Carolina Child Support Worksheet (if support at issue)
☐ AOC-CV-303 — Domestic Violence Protective Order (if applicable)

14. EXECUTION

IN WITNESS WHEREOF, the Parents have executed this Agreement and request that the Court approve and incorporate it as a Consent Order.

CUSTODIAL PARENT:

Signature: _________________________________
Print Name: [________________________________]
Date: [__/__/____]

NON-CUSTODIAL PARENT:

Signature: _________________________________
Print Name: [________________________________]
Date: [__/__/____]

ATTORNEY FOR CUSTODIAL PARENT (if applicable):

Signature: _________________________________
Print Name: [________________________________]
NC State Bar No.: [________________________________]
Date: [__/__/____]

ATTORNEY FOR NON-CUSTODIAL PARENT (if applicable):

Signature: _________________________________
Print Name: [________________________________]
NC State Bar No.: [________________________________]
Date: [__/__/____]

15. CONSENT ORDER OF THE COURT

STATE OF NORTH CAROLINA
COUNTY OF [________________________________]

IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION
File No.: [________________________________]

The Court, having reviewed the foregoing Sole Custody Agreement filed as a Consent Order, and having considered the best interests of the minor child(ren) pursuant to N.C. Gen. Stat. § 50-13.2, including the required consideration of 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 the Court finding that this arrangement promotes the best interest and welfare of the minor child(ren):

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that sole legal and physical custody of the minor child(ren) is awarded to [________________________________] (Custodial Parent), with visitation to [________________________________] (Non-Custodial Parent) as set forth in this Agreement, effective [__/__/____].

The Court retains jurisdiction to modify this Order pursuant to N.C. Gen. Stat. § 50-13.7.

Date: [__/__/____]

_________________________________
District Court Judge
[________________________________] Judicial District

Sources and References

North Carolina General Statutes

• N.C. Gen. Stat. § 50-13.1 — Action for Custody: https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-13.1.html
• N.C. Gen. Stat. § 50-13.2 — Best Interest Standard: https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-13.2.html
• N.C. Gen. Stat. § 50-13.5 — Procedure in Custody Actions: https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-13.5.html
• N.C. Gen. Stat. Chapter 50B — Domestic Violence: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_50b.html

Key Case Law

• Ramirez-Barker v. Barker, 107 N.C. App. 71 (1992) — Relocation factors

NC Judicial Branch Resources

• NC Custody Mediation Program: https://www.nccourts.gov/programs/child-custody-and-visitation-mediation-program
• NC Guardian ad Litem Program: https://www.nccourts.gov/programs/guardian-ad-litem

Prepared for attorney review. This template is provided for informational purposes only and does not constitute legal advice. Consult a licensed North Carolina attorney before use.