GENERAL ASSEMBLY OF NORTH CAROLINA

1987 SESSION

 

 

CHAPTER 776

SENATE BILL 777

 

AN ACT TO STRENGTHEN JOINT CUSTODY WHERE CUSTODY OF CHILDREN IS AT ISSUE.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 50-13.2(a) is rewritten to read:

"(a)      An order for custody of a minor child entered pursuant to this section shall award the custody of such child to such person, agency, organization or institution as will best promote the interest and welfare of the child.  An order for custody must include findings of fact which support the determination of what is in the best interest of the child.  Between the mother and father, whether natural or adoptive, no presumption shall apply as to who will better promote the interest and welfare of the child.  Joint custody to the parents shall be considered upon the request of either parent."

Sec. 2.  G.S. 50-13.2(b) is rewritten to read:

"(b)      An order for custody of a minor child may grant joint custody to the parents, exclusive custody to one person, agency, organization, or institution, or grant custody to two or more persons, agencies, organizations, or institutions.  Any order for  custody shall include such terms, including visitation, as will best promote the interest and welfare of the child.  Absent an order of the court to the contrary, each parent shall have equal access to the records of the minor child involving the health, education, and welfare of the child."

Sec. 3.  This act shall become effective October 1, 1987, and applies to actions or motions filed on or after that date.

In the General Assembly read three times and ratified this the 12th day of August, 1987.