What is a parenting plan in North Carolina?

A parenting plan is a written document in which parents set out how they will share custody, decision-making, and time with their children. In North Carolina it can be used by parents who are divorcing, by parents who were never married, or by a parent asking the court to modify an existing custody order. The parents ask a North Carolina court to approve the plan so as to best promote the interest and welfare of the child (North Carolina General Statutes Section 50-13.2).

What is the difference between a parenting plan and a custody order in North Carolina?

In North Carolina a parenting plan is the written arrangement the parents propose, while a custody order is what the court issues. North Carolina does not require a separate written parenting plan by statute; custody is set inside the court's order (North Carolina General Statutes Section 50-13.2). When the parents agree, they present their plan and the court, if it finds the arrangement best promotes the interest and welfare of the child, adopts it into a binding custody order.

Does North Carolina allow joint custody?

Yes. In North Carolina, joint custody to the parents shall be considered upon the request of either parent (North Carolina General Statutes Section 50-13.2). An order may grant joint custody to the parents, exclusive custody to one person, or custody to two or more persons, whichever best promotes the interest and welfare of the child.

Is a written parenting plan required in North Carolina?

North Carolina does not require a separate, standalone written parenting plan by statute. Instead, custody is set inside the court's order under North Carolina General Statutes Section 50-13.2. Writing out a clear parenting plan is still valuable in North Carolina because it shows the court the schedule and decision-making arrangement the parents are asking it to approve.

Can unmarried parents make a parenting plan in North Carolina?

Yes. A parenting plan in North Carolina can be used by parents who were never married, not only by parents who are divorcing. The standard of best promoting the interest and welfare of the child applies regardless of whether the parents were married (North Carolina General Statutes Section 50-13.2).

How does a North Carolina court approve a parenting plan?

A North Carolina court reviews the arrangement the parents propose and, if it finds the arrangement best promotes the interest and welfare of the child, adopts it into a custody order (North Carolina General Statutes Section 50-13.2). The plan takes effect only once the court approves it, and either parent may ask the court to consider joint custody.

North Carolina Parenting Plan

Q: What standard do North Carolina courts use to decide custody?

North Carolina courts decide custody so as to best promote the interest and welfare of the child. An order for custody shall award custody to the person, agency, organization, or institution that will best promote the interest and welfare of the child (North Carolina General Statutes Section 50-13.2). The court looks at the whole situation of the family rather than favoring either parent automatically.

Q: What custody arrangements can a North Carolina court order?

A North Carolina court may grant joint custody to the parents, exclusive custody to one person, agency, organization, or institution, or custody to two or more persons (North Carolina General Statutes Section 50-13.2). Joint custody shall be considered upon the request of either parent, and the court chooses the arrangement that best promotes the interest and welfare of the child.

A North Carolina parenting plan sets out custody and the schedule two parents ask the court to approve so as to best promote the interest and welfare of the child (G.S. 50-13.2). Attorney review available.

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Introduction

In North Carolina, whose statute speaks in terms of custody and joint custody, a parenting plan is the written agreement two parents use to settle that custody and a schedule for their children, whether they are divorcing, were never married, or need to modify an existing custody order. In North Carolina, the governing statute uses the terms custody and joint custody. An order for custody shall award custody to the person, agency, organization, or institution that will best promote the interest and welfare of the child, and joint custody to the parents shall be considered upon the request of either parent (North Carolina General Statutes Section 50-13.2). A North Carolina order may grant joint custody to the parents, exclusive custody to one person, or custody to two or more persons. North Carolina does not require a separate, standalone written parenting plan by statute; custody is set inside the court's order. When parents agree, they can present their arrangement to the court, which adopts it into a custody order if the arrangement best promotes the interest and welfare of the child. Writing out a clear parenting plan is still valuable in North Carolina because it shows the court the schedule and decision-making arrangement the parents are asking it to approve. DocDraft builds your North Carolina parenting plan from your family's schedule, with attorney review available before you submit it to the court.

Key Things to Know

1
In North Carolina, a parenting plan is the written document in which two parents set out custody and joint custody along with a schedule for their children, whether they are divorcing, were never married, or are changing an existing order.
2
In North Carolina, a custody order shall award custody so as to best promote the interest and welfare of the child (North Carolina General Statutes Section 50-13.2).
3
Joint custody to the parents shall be considered in North Carolina upon the request of either parent (North Carolina General Statutes Section 50-13.2).
4
A North Carolina order may grant joint custody to the parents, exclusive custody to one person, or custody to two or more persons (North Carolina General Statutes Section 50-13.2).
5
North Carolina does not require a separate, standalone written parenting plan by statute; custody is set inside the court's order.
6
When parents agree, a North Carolina court can adopt their arrangement into a custody order if it best promotes the interest and welfare of the child.
7
A clear written plan still shows a North Carolina court the schedule and decision-making arrangement the parents are asking it to approve.

Key decisions before you file

Before you file a Parenting Plan in North Carolina, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.

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NORTH CAROLINA PARENTING PLAN

This parenting plan is made between [PARENT 1 FULL NAME] and [PARENT 2 FULL NAME], the parents of the child or children named below. The parents may be married and divorcing, or unmarried, and this plan may also be used to modify an existing custody order. It sets out custody and the schedule the parents ask a North Carolina court to approve so as to best promote the interest and welfare of the child.

Children covered: [CHILD FULL NAME, DATE OF BIRTH] [ADD EACH CHILD].

Custody and decision-making. The parents agree that custody will be [joint custody / exclusive custody to PARENT], and that major decisions about the children's education, health care, and religious upbringing will be made [jointly, after good-faith discussion / by PARENT]. Each parent may make routine day-to-day decisions while the children are in that parent's care and may authorize emergency medical treatment when needed.
Where the children live and the schedule. The children will live primarily with [PARENT] and spend time with the other parent as follows. Weekdays: [describe the regular weekday schedule]. Weekends: [describe the alternating or fixed weekend schedule, with pick-up and drop-off times].
Holidays and special days. The parents will divide holidays as follows: [Thanksgiving, winter holidays, and other holidays, alternating by year or as agreed]. Mother's Day is with [PARENT] and Father's Day with [PARENT]. Each child's birthday: [describe].
School breaks and summer. Winter and spring school breaks will be divided [describe]. Summer time will be [describe, for example alternating weeks or an extended block for each parent], with written notice of vacation dates by [DATE] each year.
Exchanges and transportation. Exchanges will take place at [LOCATION] at [TIME]. [Each parent / PARENT] will provide transportation for [pick-up / drop-off]. If a parent will be more than [NUMBER] minutes late, that parent will notify the other parent as soon as possible.
Communication. The children may contact either parent by phone or video call during reasonable hours. The parents will share information about the children's health, school, and activities, and will keep each other informed of their current address and phone number.
Relocation. A parent who intends to move the children's residence a significant distance will give the other parent written notice at least [NUMBER] days before the planned move, so the parents can discuss the change or, if needed, ask the court to review the schedule.
Dispute resolution. If a disagreement arises about this plan, the parents will first try to resolve it between themselves and, if that does not work, return to court.

This parenting plan is subject to court approval and is decided so as to best promote the interest and welfare of the child, with joint custody considered upon the request of either parent (North Carolina General Statutes Section 50-13.2). For the general template and other states, see the Parenting Plan hub.

Signed: _____________________ [PARENT 1] Date: __________ _____________________ [PARENT 2] Date: __________

North Carolina Requirements for Parenting Plan

Custody and the Interest and Welfare Standard
In North Carolina, an order for custody shall award custody to the person, agency, organization, or institution that will best promote the interest and welfare of the child (North Carolina General Statutes Section 50-13.2). The court looks at the whole situation of the family rather than favoring either parent automatically.
Joint Custody Considered on Request
In North Carolina, joint custody to the parents shall be considered upon the request of either parent (North Carolina General Statutes Section 50-13.2). Either parent can ask the court to consider joint custody, and the court decides based on what best promotes the interest and welfare of the child.
Custody Arrangements the Court May Order
A North Carolina order may grant joint custody to the parents, exclusive custody to one person, agency, organization, or institution, or custody to two or more persons (North Carolina General Statutes Section 50-13.2). The court selects the arrangement that best promotes the interest and welfare of the child.
Custody Set by Court Order
North Carolina does not require a separate, standalone written parenting plan by statute. Custody is set inside the court's order under North Carolina General Statutes Section 50-13.2. A clear written plan still shows the court the arrangement the parents are asking it to approve.
Decision-Making
Your parenting plan should state how the parents will make major decisions about the children's education, health care, and religious upbringing, and whether those decisions are made jointly or by one parent. Being specific about decision-making helps a North Carolina court see the custody arrangement you propose (North Carolina General Statutes Section 50-13.2).
Where the Children Live and the Schedule
Your plan should describe where the children primarily live and the schedule for time with each parent: the regular weekday and weekend routine, holidays, school breaks, and summer, plus exchanges and transportation. A detailed schedule shows a North Carolina court the day-to-day arrangement you are asking it to approve.
Where Custody Is Decided in North Carolina
In North Carolina, custody is decided by the district court in the county where the case is filed, in a divorce or a separate custody action. The court sets the custody terms inside its order so as to best promote the interest and welfare of the child (North Carolina General Statutes Section 50-13.2).
Court Approval
A North Carolina parenting plan takes effect only when the court approves it. If the court finds the arrangement the parents propose best promotes the interest and welfare of the child, it adopts the plan into a custody order (North Carolina General Statutes Section 50-13.2). Either parent may ask the court to consider joint custody.

Find out where you stand in North Carolina

Introduction

Key Things to Know

Key decisions before you file

Customize your Parenting Plan Template with DocDraft

North Carolina Requirements for Parenting Plan

Custody and the Interest and Welfare Standard

Joint Custody Considered on Request

Custody Arrangements the Court May Order

Custody Set by Court Order

Decision-Making

Where the Children Live and the Schedule

Where Custody Is Decided in North Carolina

Court Approval

Frequently Asked Questions