Child custody or seperation agreement first


No, you do not have to have a separation agreement at all before you seek a court action for child custody. However, in North Carolina, parties face mandatory child custody mediation. So, it would be helpful to consider what type of custody arrangement you and your spouse would each be interested in in terms of co-parenting in the future. The standard the Court would use to determine custody issue is what would be in that child’s best interests given the circumstances of your family.

Deborah M. Throm
Rosen Law Firm
1829 E. Franklin Street, Bldg. 600
Chapel Hill, NC 27514
919.265.0017 direct
919.321.0780 main voice

4101 Lake Boone Trail
Suite 500
Raleigh, NC 27607
919.256.1544 direct
919.787.6668 main voice

301 McCullough Drive
Suite 510
Charlotte, NC 28262
704.644.2531 ext. 100


Does a seperation agreement have to be signed before one can go to court to get primary child custody? We have been living apart for a couple months now.