Custody Question

The terms “legal custody” and “physical custody” are not defined in the law of North Carolina.

Custody is determined by court order when a judge rules on the issue.

Parties may also enter into a contract describing a custody arrangement and at such time as a dispute arises regarding the meaning of the custody agreement the parties may seek to have a judge make a determination on custody.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

If I have had physical custody of my child since separation from my husband (3+ years ago), is this considered legal custody? My husband has only seen this child once since the separation.

If not, is there a way to handle custody issues outside of divorce?