Child custody cases are emotional and complex on their own. But when domestic violence is part of the equation, the stakes become even higher. North Carolina courts take allegations of abuse very seriously, especially when it comes to determining what is in the best interests of the child.

If you are a parent involved in a custody case in North Carolina and domestic violence is a factor—whether you are the victim or the accused—it’s crucial to understand how the law views these situations.

This guide outlines how domestic violence impacts child custody in North Carolina, and what you can do to protect yourself and your children.

North Carolina’s Child Custody Standard: Best Interests of the Child

Like most states, North Carolina bases custody decisions on one primary consideration: the best interests of the child.

Under North Carolina General Statute § 50-13.2, the court evaluates multiple factors to determine the child’s physical, emotional, and developmental well-being. When domestic violence is present, it plays a significant role in this determination.

How Domestic Violence Impacts Custody Decisions

Domestic violence can influence custody outcomes in several ways, depending on the severity, frequency, and proximity to the child.

1. Primary Custody May Be Denied to the Abusive Parent

If the court finds credible evidence that a parent has committed acts of domestic violence, they may be denied primary physical custody or joint custody. Judges are highly cautious when the child’s safety is at risk.

In cases where abuse occurred in front of the child or involved the child as a victim, the abusive parent’s rights may be severely restricted.

2. Supervised Visitation May Be Ordered

Rather than eliminate visitation altogether, the court may order supervised visitation, especially if the abusive parent:

Has not completed counseling
Poses a risk of harm
Has threatened or manipulated the child

Supervised visitation typically takes place in a neutral setting, sometimes with professional monitors present.

3. Protective Orders Influence Custody Terms

If there is an active domestic violence protective order (DVPO) in place, it will often include temporary custody provisions. These can dictate where the child resides, who can pick them up, and whether contact between parents is permitted.

A DVPO can last up to one year in North Carolina and is taken into account when establishing long-term custody arrangements.

How Courts Determine the Impact of Abuse

Judges in North Carolina do not rely on accusations alone. Instead, they look for:

Police reports
Medical records
Protective orders
Eyewitness testimony
Counselor or therapist evaluations
Evidence of emotional or verbal abuse

Even if the child was not physically harmed, emotional trauma or exposure to violence in the home may be enough to influence a custody ruling.

Can an Abusive Parent Ever Get Custody?

It is possible, but rare. The abusive parent would need to prove:

They have completed counseling or anger management
They have maintained a safe and stable home
The abuse was isolated and not ongoing
A continued relationship with the child is in the child’s best interest

Even then, the court may limit custody rights or only allow supervised visitation for an extended period.

False Allegations of Domestic Violence

Unfortunately, false accusations sometimes surface during contentious custody battles. North Carolina courts take this just as seriously.

If one parent knowingly makes false claims of abuse, it could damage their own custody rights. The court may view it as attempted alienation or emotional harm to the child, both of which contradict the child’s best interests.

If you’ve been falsely accused, it’s critical to work with an experienced domestic violence attorney who can help you gather evidence, clear your name, and protect your parental rights.

Seeking Custody as the Survivor of Domestic Violence

If you’re the survivor of domestic abuse, North Carolina law offers several protections:

You can request temporary custody through a DVPO.
The court will consider the pattern of abuse in permanent custody decisions.
You may be awarded sole legal and physical custody if it protects the child.

Document everything—texts, emails, injuries, witness statements. The more evidence you have, the stronger your custody case will be.

Organizations like Legal Aid NC can also assist survivors with obtaining protective orders and legal support.

Co-Parenting After Domestic Violence

In cases where limited contact is still required (such as for drop-offs or school functions), courts may recommend or require parallel parenting. This structure:

Minimizes direct contact
Reduces conflict
Keeps both parents involved in decision-making without unnecessary interaction

A well-written parenting plan is essential, and often, the court will include restrictions or communication protocols to maintain safety.

FAQs

Can I request full custody if I’m afraid of my ex?

Yes. You can file for sole custody and request a protective order if needed. Courts take fear of harm seriously, especially when children are involved.

What if there’s no police report but I was abused?

You can still present other forms of evidence—such as therapist records, texts, photos, or witness statements. A skilled attorney can help build a strong case even without police documentation.

Will the court believe my child if they witnessed abuse?

Courts often take a child’s experience seriously, especially if it is corroborated by professionals like teachers, counselors, or doctors.

How Martine Law Can Help

At Martine Law, we understand how complicated and emotional these cases can be. Whether you are seeking to protect your child from an abusive parent or fighting false allegations, our attorneys will stand by your side.

We bring compassion, strategy, and experience to every case, ensuring your story is heard and your rights protected.

Can domestic violence affect custody in North Carolina?