Visitation Rights in North Carolina: What Parents Need to Know

Visitation is a key issue for parents navigating separation or divorce. In North Carolina, visitation refers to the scheduled time a noncustodial parent spends with their child, either through a court order or mutual agreement. Whether you’re seeking to establish a parenting plan, modify an existing order, or enforce your rights, understanding North Carolina’s visitation laws is essential.

What Are Visitation Rights?

In North Carolina, visitation is part of physical custody, which determines where a child lives and who provides daily care. When one parent has primary physical custody, the other parent (usually the noncustodial parent) may receive visitation rights, also called parenting time.

Visitation may be:

• Established by court order when parents cannot agree
  
• Outlined in a custody agreement that is approved by the court
  

The law governing custody and visitation in North Carolina is found in N.C. Gen. Stat. § 50-13.2, which requires that all decisions prioritize the best interest of the child.

How Courts Decide Visitation

North Carolina courts evaluate a wide range of factors to determine visitation arrangements. Judges aim to support the child’s well-being, safety, and stability.

Common considerations include:

• Each parent’s ability to provide a secure and stable home
  
• The child’s emotional and developmental needs
  
• The bond between the child and each parent
  
• The child’s adjustment to home, school, and community
  
• Any history of domestic violence, abuse, or neglect
  
• Each parent’s willingness to encourage a relationship with the other parent
  

If both parents are fit, the court typically encourages a structured visitation plan that supports frequent contact with both.

Types of Visitation in North Carolina

North Carolina courts may order several types of visitation, depending on the circumstances:

1. Fixed Visitation

A detailed schedule that includes specific days and times for visits, often covering weekends, holidays, and summer breaks.

2. Reasonable Visitation

A flexible arrangement based on mutual agreement between parents. It requires strong communication and cooperation.

3. Supervised Visitation

Ordered when safety concerns exist, such as past abuse or substance use. Visits are monitored by a third party or take place in a designated facility.

4. Virtual Visitation

Used when parents live far apart. Includes scheduled phone or video calls to maintain consistent contact. Virtual visits supplement, not replace in-person time.

Can a Parent Deny Visitation?

A parent cannot deny court-ordered visitation unless there is an immediate and serious threat to the child’s safety. Violating a custody or visitation order may lead to legal consequences.

If you’re being denied visitation:

• Document all missed visits
  
• Do not withhold child support in retaliation
  
• File a motion to enforce visitation through the court
  

What If There’s No Visitation Order?

When no custody or visitation order exists, both parents have equal rights under North Carolina law. However, informal arrangements can lead to instability and are difficult to enforce. To protect your rights, it is strongly recommended to seek a formal custody and visitation order through the courts.

Modifying Visitation Orders

Visitation may be changed if there is a substantial change in circumstances that affects the child’s best interests. Common reasons include:

• One parent relocating
  
• Changes in the child’s medical or educational needs
  
• Repeated violations of the current order
  
• New concerns about safety or environment
  

To request a change, a parent must file a motion to modify custody or visitation and provide supporting evidence.

Enforcing Visitation in North Carolina

When a parent disobeys a visitation order, the other parent can file a motion for contempt. The court may:

• Order makeup visitation
  
• Impose fines or award attorney’s fees
  
• Modify the custody or visitation schedule
  

The court may also issue additional directives to ensure the order is followed.

Do Grandparents Have Visitation Rights?

In limited cases, grandparents may petition for visitation under N.C. Gen. Stat. § 50-13.2(b1) and § 50-13.2A, but only if:

• There is an ongoing custody case
  
• The family is no longer intact due to divorce, separation, or death
  
• The child was adopted by a stepparent or relative and has a strong prior relationship with the grandparent
  

The court must weigh the child’s best interest while giving special weight to a fit parent’s decision, in line with the U.S. Supreme Court ruling in Troxel v. Granville.

Legal and Physical Custody vs. Visitation

It’s important to distinguish visitation from legal custody and physical custody:

• Joint legal custody: Both parents share decision-making authority
  
• Joint physical custody: Both parents share time with the child, often with a set schedule
  
• Sole legal custody: One parent makes major decisions without the other’s input
  

Visitation typically applies when one parent does not have joint or sole physical custody, but still retains the right to time with the child.

🔗 Recommended internal link: “Understanding Legal and Physical Custody in North Carolina”

Final Thoughts

Visitation rights in North Carolina are built around the principle of maintaining healthy parent-child relationships. While the law supports frequent and meaningful contact with both parents, court intervention may be necessary when disputes arise.

At James L. Jordan Law, we guide parents through all aspects of visitation, including creating parenting plans, seeking court orders, modifying existing schedules, and enforcing violations. Our team is here to help protect your rights and your child’s well-being.

📞 Need help with visitation or custody in North Carolina? Contact James L. Jordan Law today to schedule a confidential consultation.