Best Interest Standard for Child Custody

In North Carolina, the court can consider any factor in a custody case, and then based on the weight of all of the evidence presented, the judge will determine the custody arrangement that is in the best interest of the minor child or children.

The best interest of the minor child is the “polar star” in a Child custody case. The judge must determine what type of custody arrangement and environment will best promote the full development of the child’s physical, mental, moral, and spiritual faculties.

What Factors will the Court Consider in my Child Custody Case?

As mentioned above, the court can consider any factor in a custody case; however, the most important factors are the ones that have a direct impact on the minor child. Some major factors include:

  • Which parent tends to the minor child’s day-to-day needs, regarding education, health, and general welfare of the minor child, such as feeding and bathing the child
  • Whether one parent has a problem with drug or alcohol abuse
  • Whether the minor child has been abused by one parent
  • The level of involvement that a parent has chosen in his or her child’s life

How to Win Child Custody

  • The best thing you can do to ensure that you get the most time possible with your child, is to put the needs of your child above everything else.
  • Put aside any anger, or ill-will, that you may have towards your former spouse or partner.
  • Start focusing on what you can do, or what you can change, to be the best parent you can be for your child.
  • That may mean letting the other parent handle some responsibilities and bond with the child, or it may mean not speaking negatively about the other parent in front of your child. The best thing you can do is work together with the other parent and encourage and foster a healthy relationship between both parents and the minor child. Remember, while you and your former spouse or partner may no longer be in a relationship, you will always be tied together with your child.

We Can Help You Secure the Best Outcome for Your Children

Unfortunately, sometimes custody is a battle, there are arguments in front of the children, or the other parent is withholding visitation from you. The family law attorneys at Robison Smith Law can help you through this process to either negotiate a settlement or present your case to a judge. We will be with you every step of the way and provide you with the advice you need to get through your custody battle.


If you are ready to move forward, please contact us now.

We invite you to call or send a text message to (704) 741-0220  or send an email to

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