§ 50-13.2. Who entitled to custody; terms of custody; visitation rights of grandparents; taking child out of State. - North Carolina Statutes

§ 50‑13.2.  Who entitledto custody; terms of custody; visitation rights of grandparents; taking childout of State.

(a)        An order forcustody of a minor child entered pursuant to this section shall award thecustody of such child to such person, agency, organization or institution aswill best promote the interest and welfare of the child. In making thedetermination, the court shall consider all relevant factors including acts ofdomestic violence between the parties, the safety of the child, and the safetyof either party from domestic violence by the other party and shall makefindings accordingly. An order for custody must include findings of fact whichsupport the determination of what is in the best interest of the child. Betweenthe mother and father, whether natural or adoptive, no presumption shall applyas to who will better promote the interest and welfare of the child. Jointcustody to the parents shall be considered upon the request of either parent.

(b)        An order forcustody of a minor child may grant joint custody to the parents, exclusivecustody to one person, agency, organization, or institution, or grant custodyto two or more persons, agencies, organizations, or institutions. Any order forcustody shall include such terms, including visitation, as will best promotethe interest and welfare of the child. If the court finds that domesticviolence has occurred, the court shall enter such orders that best protect thechildren and party who were the victims of domestic violence, in accordance withthe provisions of G.S. 50B‑3(a1)(1), (2), and (3). If a party is absentor relocates with or without the children because of an act of domesticviolence, the absence or relocation shall not be a factor that weighs againstthe party in determining custody or visitation. Absent an order of the court tothe contrary, each parent shall have equal access to the records of the minorchild involving the health, education, and welfare of the child.

(b1)      An order for custodyof a minor child may provide visitation rights for any grandparent of the childas the court, in its discretion, deems appropriate. As used in this subsection,"grandparent" includes a biological grandparent of a child adopted bya stepparent or a relative of the child where a substantial relationship existsbetween the grandparent and the child. Under no circumstances shall abiological grandparent of a child adopted by adoptive parents, neither of whomis related to the child and where parental rights of both biological parentshave been terminated, be entitled to visitation rights.

(c)        An order forcustody of a minor child may provide for such child to be taken outside of theState, but if the order contemplates the return of the child to this State, thejudge may require the person, agency, organization or institution havingcustody out of this State to give bond or other security conditioned upon thereturn of the child to this State in accordance with the order of the court.

(d)        If, within areasonable time, one parent fails to consent to adoption pursuant to Chapter 48of the General Statutes or parental rights have not been terminated, theconsent of the other consenting parent shall not be effective in an action forcustody of the child.

(e)        An order forcustody of a minor child may provide for visitation rights by electroniccommunication. In granting visitation by electronic communication, the courtshall consider the following:

(1)        Whether electroniccommunication is in the best interest of the minor child.

(2)        Whether equipment tocommunicate by electronic means is available, accessible, and affordable to theparents of the minor child.

(3)        Any other factor thecourt deems appropriate in determining whether to grant visitation byelectronic communication.

The court may set guidelines for electroniccommunication, including the hours in which the communication may be made, theallocation of costs between the parents in implementing electroniccommunication with the child, and the furnishing of access information betweenparents necessary to facilitate electronic communication. Electroniccommunication with a minor child may be used to supplement visitation with thechild. Electronic communication may not be used as a replacement orsubstitution for custody or visitation. The amount of time electroniccommunication is used shall not be a factor in calculating child support or beused to justify or support relocation by the custodial parent out of theimmediate area or the State. Electronic communication between the minor childand the parent may be subject to supervision as ordered by the court. As usedin this subsection, "electronic communication" means contact, otherthan face‑to‑face contact, facilitated by electronic means, such asby telephone, electronic mail, instant messaging, video teleconferencing, wiredor wireless technologies by Internet, or other medium of communication.  (1957, c. 545; 1967, c.1153, s. 2; 1977, c. 501, s. 2; 1979, c. 967; 1981, c. 735, ss. 1, 2; 1985, c.575, s. 3; 1987, c. 541, s. 2; c. 776; 1995 (Reg. Sess., 1996), c. 591, s. 5;2004‑186, s. 17.1; 2009‑314, s. 1.)