Types of Custody (Legal vs. Physical) – NC Child Custody
Legal custody covers decision-making. Physical custody covers where the child lives and the schedule. We help you set clear terms the court will enter and schools and doctors will follow.
What are the types of custody in North Carolina (legal vs. physical)?
Quick answer: Legal custody is the right to make major decisions for a child (school, health care, religion, activities). It can be joint (shared decision-making) or sole (one parent decides, sometimes with tie-breaker language). Physical custody is the living schedule. Courts order primary, shared, or split schedules based on the child’s best interests under Chapter 50.
Your North Carolina Child Custody Lawyer
Krispen Culbertson, North Carolina family lawyer with 20+ years drafting and litigating custody orders: joint/sole legal custody, tie-breakers, primary/shared schedules, parenting coordinators, and clean orders that schools and doctors follow.
Memberships: North Carolina State Bar; local family law sections. Courts: District Court calendars statewide, with regular hearings in Greensboro and High Point.
Start by situation
Fast answers
Legal vs. physical: legal = decisions; physical = schedule. Orders can mix joint legal with primary physical or other combinations.
Tie-breakers: even with joint legal, one parent may decide certain topics after good-faith discussion (e.g., school or medical).
Best-interest factors: stability, caregiving history, safety, school needs, and each parent’s ability to co-parent drive outcomes.
Keep kids out of the middle: use coordinators, evaluations, and neutral records; avoid child testimony when possible.
Legal custody explained
Joint legal custody means parents share major decisions. Good orders require notice, discussion, and timelines. We add topic-specific tie-breakers (e.g., education to one parent; medical to the other) when deadlock is likely.
When sole legal custody fits
Courts award sole legal custody where safety, non-communication, substance misuse, or chronic interference makes joint decision-making unworkable. We propose narrow, reviewable terms with treatment and communication milestones.
Physical custody and primary schedules
Primary physical custody places the child mainly with one parent and sets a consistent schedule for the other. We build exchange rules, school pick-up authority, and make-up time to reduce conflict.
Shared or 50/50 parenting time
Shared schedules (e.g., 2-2-5-5 or week-on/week-off) work when parents live close and communicate. We tailor transportation, activity costs, and school day logistics so the plan is realistic.
Tie-breaker decision-making
Tie-breakers keep joint legal custody functional. Orders require a documented discussion period; if no agreement, the named parent decides on that topic subject to the child’s best interests.
Holidays, travel, and exchanges
We lock in holidays, summer weeks, passport access, and travel notice, with civil-standby or police-assist language for high-conflict exchanges.
Relocation and school changes
Moves affect both legal and physical custody. We plan relocation notices, neutral school records, and—when needed—temporary orders to protect stability.
Enforcement and modification
For non-compliance, we file targeted enforcement. For changed facts, we file modification with updated records and a workable plan.
What to bring and your first 72 hours
Documents checklist
- Any current orders or agreements
- School, medical, and activity records
- Parenting-time calendar and communication logs
- Proposed schedule ideas and constraints (work, travel, distance)
Your first 72 hours with our team
1) Case map
Joint vs. sole legal; primary vs. shared physical; tie-breakers needed?
2) Records
Gather school and medical records; set privacy limits and releases.
3) Draft
Plain-language order with schedule, decision rules, and make-up time.
4) Negotiate
Resolve open items; consider coordinators/evaluations where helpful.
5) File
Submit a clean, enforceable order the court can enter.
FAQs
Can you have joint legal but primary physical custody?
What is a good 50/50 schedule?
How are tie-breakers written?
Will the court consider my child’s preference?
When do judges order sole legal custody?
How do we change an old order?
Why North Carolina families choose Culbertson & Associates
- 20+ years crafting joint/sole legal and workable schedules
- Plain-language orders schools and doctors will follow
- Tie-breakers, evaluations, and coordinators where needed
- Clear timelines, costs, and next steps from day one
Client reviews
A. Benton — “K.E. Culbertson set joint legal with education tie-breaker and a schedule our school actually understood.”
M. Fields — “Mr. Culbertson wrote plain terms for holidays and travel. No more mix-ups.”
T. Nguyen — “Shared time that works with work hours and activities. The order is easy to follow.”
S. Ortiz — “Culbertson and Associates added tie-breakers that stopped the deadlock on medical choices.”
L. Carter — “Clear plan, clean language, fast filing. Teachers had what they needed the next week.”
J. Ahmed — “They explained legal vs. physical custody simply and built an order that fits our child.”
Visit Our Greensboro Office
Culbertson & Associates
315 Spring Garden St Ste #300
Greensboro, NC 27401
(336) 272-4299 • culbertsonatlaw.com
Hours: Mon–Fri 8:30 AM–5:00 PM • Area served: North Carolina
Related resources: North Carolina Child Custody
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