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Child Custody Preference Age in North Carolina

North Carolina law names no age; the statute requires the court to weigh all relevant factors, and case law holds a child's preference is not controlling but should be considered.

Last checked . General information, not legal advice.

North Carolina at a glance

Age named in statute
No age named
G.S. 50-13.2 does not mention the child's preference or set an age.
How the preference is weighed
Considered, not controlling
Case law gives the wishes of a child of sufficient age considerable weight in a contest between parents, but not controlling weight.
Preference can be decisive
No, not controlling

Sources

Last checked

The rules in North Carolina

At what age does a child's custody preference count in North Carolina?

Age named in statute in North Carolina: No age named. G.S. 50-13.2 does not mention the child's preference or set an age.

How do courts in North Carolina weigh a child's custody preference?

How the preference is weighed in North Carolina: Considered, not controlling. Case law gives the wishes of a child of sufficient age considerable weight in a contest between parents, but not controlling weight.

Can a child's preference decide custody in North Carolina?

No, not controlling. Preference can be decisive in North Carolina: no, not controlling.

Where do the North Carolina child custody preference laws come from?

The rules above come from N.C. Gen. Stat. 50-13.2(a) and In re Custody of Stancil, 10 N.C. App. 545 (1971). Each source is linked on this page. We last checked them in October 2026.

What this means in practice

A child's preference is rarely the only thing a court looks at. Judges also weigh each parent's ability to care for the child, the child's ties to home, school and community, and any history of abuse or conflict. A clear preference from an older, mature child can carry real weight, but it does not replace the best interests test.

Courts often hear from children privately, for example in a judge's chambers, through a guardian ad litem, or through a custody evaluator, rather than on the witness stand. The process and who may be present depend on local court rules and the judge's discretion.

Courts look closely at whether a preference is the child's own view or the result of pressure from a parent. Coaching a child or promising rewards for choosing a side can hurt a parent's case. Parents who reach their own arrangement can record it in a parenting plan or settlement agreement for the court to review.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.