[[{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question","text":"Many people use the term\u00a0custody\u00a0to mean the parent a child lives with. However, that arrangement is actually physical custody, which is only half of the custodial equation. The other half is legal custody, which refers to a parent\u2019s right to make decisions concerning a child\u2019s current and future well-being. Both parents can share physical and legal custody. For example, joint physical custody would involve a child living with one parent and then the other. But a parent who does not have joint physical custody might still have a right to joint legal custody. While their child does not live with them, they still have a say in how the child is raised.","@id":"https:\/\/www.jdwarlick.com\/blog\/how-to-win-sole-custody\/#Answer"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question1","text":"Sole custody\u00a0refers to a parent who is the only one with the right of custody. While a parent could have sole physical custody but share legal custody, the term is most commonly used to describe a parent with exclusive rights to live with and make decisions for their child.","@id":"https:\/\/www.jdwarlick.com\/blog\/how-to-win-sole-custody\/#Answer1"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question2","text":"You or your attorney can request sole custody of your child by filing a complaint. Your child must have lived in North Carolina for at least six months for the state to have jurisdiction in your case. Otherwise, you will likely have to return to the state that heard your last custody matter \u2013 provided one of the parents still lives there. You can file your complaint with the family court in the county where your child lives or is physically present or where you reside.","@id":"https:\/\/www.jdwarlick.com\/blog\/how-to-win-sole-custody\/#Answer2"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question3","text":"A judge in North Carolina will consider a child\u2019s testimony about specific events to better weigh the evidence presented in a hearing. They might also consider a child\u2019s preference on custody if the child has reached \u201cthe age of discretion\u201d \u2013 meaning an appropriate maturity to understand the situation\u2019s seriousness and have good judgment. State law does not specify this age more explicitly. But the older a child is, the more likely a judge will be to consider their testimony.","@id":"https:\/\/www.jdwarlick.com\/blog\/how-to-win-sole-custody\/#Answer3"},{"@context":"http:\/\/schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"What Is the Difference Between Legal Custody and Physical Custody?","acceptedAnswer":{"@id":"https:\/\/www.jdwarlick.com\/blog\/how-to-win-sole-custody\/#Answer"},"@id":"https:\/\/www.jdwarlick.com\/blog\/how-to-win-sole-custody\/#Question"},{"@type":"Question","name":"What Is Sole Custody?","acceptedAnswer":{"@id":"https:\/\/www.jdwarlick.com\/blog\/how-to-win-sole-custody\/#Answer1"},"@id":"https:\/\/www.jdwarlick.com\/blog\/how-to-win-sole-custody\/#Question1"},{"@type":"Question","name":"How Do I File for Sole Custody in North Carolina?","acceptedAnswer":{"@id":"https:\/\/www.jdwarlick.com\/blog\/how-to-win-sole-custody\/#Answer2"},"@id":"https:\/\/www.jdwarlick.com\/blog\/how-to-win-sole-custody\/#Question2"},{"@type":"Question","acceptedAnswer":{"@id":"https:\/\/www.jdwarlick.com\/blog\/how-to-win-sole-custody\/#Answer3"},"name":"Can a North Carolina Judge Consider a Child\u2019s Testimony When Deciding a Sole Custody Case?","@id":"https:\/\/www.jdwarlick.com\/blog\/how-to-win-sole-custody\/#Question3"}],"name":"How to win sole custody in North Carolina","@id":"https:\/\/www.jdwarlick.com\/blog\/how-to-win-sole-custody\/#FAQPage"}],{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.jdwarlick.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"How to Win Sole Custody in North Carolina","item":"https:\/\/www.jdwarlick.com\/blog\/how-to-win-sole-custody\/#breadcrumbitem"}]}]