Family Court in North Carolina: What Survivors Need to Know (Custody, 50B Orders, Support)

In North Carolina, family law is handled in District Court.¹ For survivors, the system relies heavily on Chapter 50B (Domestic Violence) and Chapter 50 (Custody/Divorce).

As of late 2025, a major change has been the full statewide rollout of eCourts, meaning filing for protection or custody can now often be done digitally. Additionally, new laws effective December 1, 2025, have closed loopholes for survivors who may live just across state lines but experienced violence in NC.²

1. The "50B" Domestic Violence Protective Order (DVPO)

In NC, a restraining order is commonly called a "50B" (referring to the statute N.C.G.S. § 50B).³

• Who Qualifies: You must have a "personal relationship" (spouse, ex-spouse, lived together, dated, or have a child in common).⁴

• Dec 2025 Update: As of December 1, 2025, you can now file for a 50B in NC even if you live out of state, provided the act of violence occurred within North Carolina.⁵

• Ex Parte Order: You can get an emergency order immediately without the abuser present if you are in danger.⁶ It typically lasts 10 days until a full hearing.⁷

• Relief: A 50B can evict the abuser from the home, grant you temporary custody of children (and pets), and prohibit them from owning firearms.⁸

2. Custody & "Best Interests"

North Carolina does not have a strict presumption of 50/50 custody, though many judges lean toward joint arrangements unless there is a reason not to.

• The Standard: Judges decide based on the "Best Interests and Welfare of the Child."⁹

• Domestic Violence Factor: While there is no automatic ban on custody for abusers, judges must consider domestic violence as a factor.¹⁰ You should present evidence (50B orders, police reports, witness testimony) to show why joint custody would be unsafe.

• Emergency Custody: If the child is in danger, you can file for an Ex Parte Emergency Custody Order. However, the standard is high—you must prove a substantial risk of bodily injury or sexual abuse, or that the child is being removed from the state to evade jurisdiction.

3. Mandatory Mediation & The Waiver (Form AOC-CV-632)

North Carolina requires almost all custody cases to go through the Child Custody Mediation Program before seeing a judge.

• The Risk: Mediation involves negotiating a parenting plan with the other party.¹¹

• The Waiver: You are exempt from mediation if there is a history of domestic violence.

• Action Item: You must file a "Motion and Order to Waive Custody Mediation" (Form AOC-CV-632).¹² If you have a 50B order, attach it. If not, you can still file the waiver by alleging "severe emotional distress" or abuse.

4. Child Support & Enforcement

• Guidelines: NC uses the "Income Shares" model (Guidelines worksheets A, B, or C depending on custody arrangement).

• Enforcement: You can apply for services through NC Child Support Services (CSS). They can garnish wages and intercept tax refunds.

• Safety Tip: If you apply for Work First (TANF) benefits, you are usually required to cooperate with CSS to sue the father. However, you can claim "Good Cause" to stop this requirement if pursuing support would endanger you or the child.

5. Relocation

• No Specific Statute: Unlike many states, NC does not have a specific "60-mile rule" statute. However, moving a child away without a court order can be risky.

• The Risk: If you move and the father files for custody in NC within 6 months, an NC judge can order the child returned immediately.

• Recommendation: If you must flee for safety, file a 50B or a custody complaint immediately upon leaving (or before, if safe) to establish why you left.

6. eCourts (Guide & File)

As of October 2025, eCourts is live in all 100 NC counties.¹³

• What this means: You can often prepare and file your 50B or Custody forms online using the Guide & File tool (northcarolina.¹⁴tylerhost.net) rather than going to the clerk's office in person, which can be safer if you fear running into your abuser at the courthouse.

Frequently Asked Questions (FAQ)

Q1: Can I record my spouse to prove abuse?

Yes. North Carolina is a "One-Party Consent" state. You can legally record a conversation you are participating in without the other person's knowledge. These recordings are admissible in court.

Q2: What is "Alienation of Affection"?

NC is one of the few states that still allows you to sue a third party (like an affair partner) for "Alienation of Affection."15 While rarely relevant to safety, abusers sometimes threaten this to intimidate survivors. Focus on your safety and custody; these lawsuits are separate civil matters.

Q3: Do I need a lawyer for a 50B hearing?

It is recommended. While you can self-represent, the abuser may have a lawyer. Legal Aid of North Carolina provides free representation for 50B hearings for many survivors.

Q4: Can I keep my address confidential?

Yes. North Carolina has an Address Confidentiality Program (ACP). If you move to a new location, you can apply (usually through a shelter agency) to get a substitute address to use on court documents and your driver's license.

Q5: What if we aren't married?

In NC, if you are unmarried, the mother generally has "primary" status by default until a court order says otherwise. However, once a father establishes paternity (legitimation), he has equal rights. Filing for a custody order protects your schedule.

Q6: What acts count for a 50B?

It covers:

• Attempting to cause or causing bodily injury.¹⁶

• Placing you or a family member in fear of "imminent serious bodily injury."¹⁷

• Continued Harassment: Acts that serve no legitimate purpose and cause you "substantial emotional distress."¹⁸

References & Resources

• Legal Aid of North Carolina: 1-866-219-5262 (Apply for 50B representation).

• NC Coalition Against Domestic Violence: nccadv.org.

• eCourts Guide & File: northcarolina.tylerhost.net/SRL.

• Legislation: N.C. Gen. Stat. § 50B (Domestic Violence), § 50-13.2 (Custody).