NC H830

Courts may order evaluations by licensed mental health professionals in custody proceedings when one parent proposes joint custody and the other objects to it or seeks exclusive custody.

A rebuttable presumption is established that joint custody is in the best interest of the child when both parents are physically available in North Carolina and one proposes joint custody.

Courts may also order evaluations in enforcement proceedings when one parent consistently complies with custody orders while the other demonstrates willful noncompliance or has three material violations without reasonable excuse.

Mental health professionals must complete written evaluation reports within three months of the court order, and courts may consider parties' good faith participation in the evaluation process when making custody decisions.

The bill becomes effective October 1, 2021, and applies to all pending and future child custody proceedings.