SB 162 — Shared Parenting (Summary)
Status: Passed first reading (filed Feb 26, 2025). Effective: “when it becomes law” (per bill text).
Purpose
- Establish a statutory, rebuttable presumption that joint custody with “shared parenting” is in the best interest of a child. The bill encourages custody arrangements under which the child spends as close as possible to an equal amount of time with each parent.
Key provisions
- Rebuttable presumption of joint custody and shared parenting
- “Shared parenting” is defined as the child spending as close as possible to an equal amount of time with each parent.
- The presumption may be rebutted if:
- the court finds by clear and convincing evidence that shared parenting is not in the child’s best interest, or
- the parties have reached a custody agreement already, or
- one party does not request sole, primary, or joint custody.
- Factors the court must consider in setting a shared parenting schedule
- Parental wishes; the child’s wishes (with due consideration of influence); interaction and relationships with parents, siblings, and others; motivations of adults in the case; the child’s adjustment and proximity to home/school/community; physical and mental health of involved individuals; history and effect of any domestic violence (including treatment efforts); who has provided care/financial support; reasons and circumstances for any prior placements with others; and the likelihood that a parent will encourage frequent, meaningful contact with the other parent.
- Domestic violence and safety
- Courts must consider acts of domestic violence and the effect on the child; if domestic violence is found, the court must enter orders that protect the victim and child. Absence or relocation caused by domestic violence will not be held against the victim parent.
- Mediation
- Contested custody or visitation matters (where a mediation program exists) are to be set for mediation before or alongside a hearing unless waived. Mediation aims to reduce acrimony and to develop custody/visitation plans that further the child’s best interest and equalize parental time where appropriate.
- Orders and findings
- Custody orders must include written findings reflecting consideration of the enumerated factors and how the child’s best interest was determined.
- Records access
- Unless the court orders otherwise, each parent has equal access to the child’s health, education, and welfare records.
Who is affected
- Parents involved in custody disputes in state family courts
- Children whose custody is contested
- Family court judges, mediators, custody evaluators, family law attorneys, and related court services (mediation programs)
- Potentially school and medical record custodians who respond to parental records requests
Potential impacts and considerations
- Law shifts default custody analysis toward 50/50/shared parenting, likely increasing joint-custody outcomes where parents can safely co-parent.
- Courts must apply a clear-and-convincing evidentiary standard to overcome the presumption, raising judicial burdens to order sole custody.
- The statute stresses safety: findings of domestic violence can limit/shared-parenting suitability and require protective measures.
- Possible downstream effects on child support and relocation disputes (not directly addressed in this bill) because shared-time arrangements can affect support calculations and relocation analyses.
- Likely increase in mediation use as an early step to reach shared parenting agreements, possibly reducing trial dockets but increasing demand for mediation services and parenting-plan development.
Procedural note
- The bill amends North Carolina’s custody statutes (G.S. 50-13.01, 50-13.1, 50-13.2). It took effect “when it becomes law” (no specified delayed effective date in the bill text).
