[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.charlesullman.com\/child-principle-comprehensive-guide#BlogPosting","mainEntityOfPage":"https:\/\/www.charlesullman.com\/child-principle-comprehensive-guide","headline":"Best Interest of the Child Principle: A Comprehensive Guide","name":"Best Interest of the Child Principle: A Comprehensive Guide","description":"The State of North Carolina requires that decisions during a divorce serve the best interests of any underage children affected. When a child\u2019s parents go to court to have a separation agreement ratified or to argue a contested divorce, the court will use the best interests of the child doctrine...","datePublished":"2023-08-10","dateModified":"2025-07-30","author":{"@type":"Person","@id":"https:\/\/www.charlesullman.com\/author\/cullman#Person","name":"Charles R. Ullman","url":"https:\/\/www.charlesullman.com\/author\/cullman","identifier":57,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/95523b76e3fabd629464090bfe2a95c0788960cc1dccd6db5bf756e20d0d4c67?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/95523b76e3fabd629464090bfe2a95c0788960cc1dccd6db5bf756e20d0d4c67?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Charles R. Ullman & Associates","logo":{"@type":"ImageObject","@id":"https:\/\/www.charlesullman.com\/wp-content\/uploads\/2019\/07\/logo.png","url":"https:\/\/www.charlesullman.com\/wp-content\/uploads\/2019\/07\/logo.png","width":310,"height":78}},"image":{"@type":"ImageObject","@id":"https:\/\/www.charlesullman.com\/wp-content\/uploads\/2020\/02\/child-custody-law.jpg","url":"https:\/\/www.charlesullman.com\/wp-content\/uploads\/2020\/02\/child-custody-law.jpg","height":683,"width":1024},"url":"https:\/\/www.charlesullman.com\/child-principle-comprehensive-guide","about":["Child Custody"],"wordCount":937,"articleBody":"The State of North Carolina requires that decisions during a divorce serve the best interests of any underage children affected. When a child\u2019s parents go to court to have a separation agreement ratified or to argue a contested divorce, the court will use the best interests of the child doctrine to make decisions regarding whether one or both parents will have custody of the child, the nature of\u00a0visitation rights, and the\u00a0child support\u00a0payments.There are several general factors related to the child\u2019s circumstances and the parent\u2019s capacity to provide proper parenting that the court will consider when determining what is in a child\u2019s best interest. North Carolina\u2019s child custody statute says a court order will \u201cbest promote the interest and welfare of the child.\u201dNorth Carolina family law judges have wide discretion when determining what is best for children in a divorce.A Raleigh child custody attorney with Charles R. Ullman & Associates can represent you in separation agreement negotiations or handle a contested divorce. We have the skill, experience, and compassion necessary to help you craft a settlement or argue a divorce case that will meet your goals and serve the best interests of your child.North Carolina Law and the Best Interest of the Child PrincipleA North Carolina court must always focus on the child\u2019s best interests when making decisions about child custody, visitation, and support. But there are few requirements as to what\u00a0factors may be used to make such a determination.State law says the court shall consider \u201call 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.\u201dThe same state statute says a court may not consider a parent\u2019s past or possible future military deployment as the\u00a0only\u00a0basis for determining the best interest of the child. It does allow a judge to consider any\u00a0significant impact\u00a0on the best interest of the child caused by the parent\u2019s past or possible future deployment. For example, it has been argued that a judge may consider that, for a specific child, enrolling in a new school or being away from half-siblings due to a deployment would have a significant negative impact on that specific child.North Carolina\u2019s judiciary says:“This decision can include many factors, such as the parents\u2019 living arrangements, each parent\u2019s ability to care for the child, the child\u2019s relationship with each parent, and any other factors affecting the welfare of the child. While fairness to the parents is important, this is secondary to the child\u2019s welfare. A party\u2019s shortcomings as a spouse or relationship partner will generally only carry substantial weight if they also impact the party\u2019s parenting abilities.”\u00a0Decision-Making Applying the \u2018Best Interest of the Child\u2019 PrincipleOur decades of experience in North Carolina family courts have taught us that a judge seeking to ensure the best interests of a child will consider the factors cited above as well as:How much time each parent has for the childThe home environment that each parent is able to provide for the childEach parent\u2019s ability to care for the child over long or short periods of timeThe caretaking role each parent has had historically and has had during separationWhether either\u00a0parent is more likely to encourage a relationship between the child and the other parentEach parent\u2019s relationships with other adults, including whether either parent has an intimate relationship with another adultA judge will also consider whether the proposed arrangements:Ensure that both parents have active roles in the child\u2019s lifeLimit change or losses in the child\u2019s life regarding school, church, family, friends, pets, and participation in sports or other activitiesEnsure continuity between the households in such matters as family rules, religious practices, and school activitiesEnsure the child\u2019s medical and developmental needs will continue to be met as the child ages and requirements changeRequire each parent to notify the other in a timely manner if changes in their schedule will affect visitation, participation in planned activities, etc.Parental Fitness and the Child\u2019s PerspectiveParental fitness refers to a parent\u2019s capacity to provide the minimum standard of care and act as a responsible parent to the child. The court assumes a child\u2019s natural or adoptive parents are fit to parent unless it is proven otherwise. You do not have to worry about how to prove you are a fit parent in court or passing a parental fitness evaluation, though you would want to be ready to rebut any evidence against you.In a child custody hearing, if a child has reached the age of discretion, usually around ten years of age, the court considers them to be capable of rational preferences. The judge may take the opinion of a child aged ten or older into account in custody decisions. A child\u2019s preference will be weighed most heavily in cases in which both spouses appear to be good, stable parents.Charles R. Ullman & Associates: Advocating for the Child’s Best InterestThe lawyers at Charles R. Ullman & Associates know the rights and protections that are built into North Carolina\u2019s child custody laws for divorcing parents and for children. We are experienced family law attorneys who are dedicated to finding equitable and compassionate solutions to child custody issues. Call us today or use our online\u00a0contact form. We can provide you with a confidential consultation about your case."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Best Interest of the Child Principle: A Comprehensive Guide","item":"https:\/\/www.charlesullman.com\/child-principle-comprehensive-guide#breadcrumbitem"}]}]