When parents in Asheville decide to divorce, the question of child custody is often the most emotionally charged part of the process. But not every custody case ends in a courtroom battle. In many situations, couples are able to reach a mutual agreement about how they will share time and responsibility for their children. If you and your spouse are on the same page about custody, visitation, and child support, you may be able to resolve everything through an uncontested divorce.
As an experienced Asheville uncontested divorce lawyer, I’ve worked with many families who want to keep their children’s needs front and center—and who want to avoid the stress and expense of litigation. In this guide, we’ll walk through how custody is handled when parents agree, how to structure parenting agreements, and how to ensure your uncontested divorce in Buncombe County is approved by the court.
Understanding Custody in North Carolina: Legal vs. Physical Custody
Before diving into how uncontested divorces work, it’s important to understand the two main types of custody in North Carolina:
- Legal custody refers to the right to make major decisions about the child’s upbringing, including education, health care, and religion.
- Physical custody refers to where the child lives and who provides daily care.
Parents can share joint legal custody, joint physical custody, or some combination. For example, parents might share decision-making but have one parent designated as the primary residential parent.
A knowledgeable Asheville uncontested divorce lawyer will help you clarify these distinctions and make sure your custody agreement reflects your family’s reality and intentions.
The Role of a Parenting Agreement in Uncontested Divorce
When parents agree on custody and time-sharing, their terms are typically memorialized in a Parenting Agreement or Custody Consent Order. This document becomes the foundation of the child custody arrangement in an uncontested divorce.
The parenting agreement should clearly outline:
- Who has legal custody (joint or sole)
- The parenting time schedule, including weekdays, weekends, and holidays
- Transportation arrangements for exchanges
- Child support terms, including the amount, payment method, and frequency
- Health insurance responsibilities
- Decision-making authority on schooling, medical issues, and other major life events
- Communication expectations between co-parents
A well-drafted agreement reduces future disputes, gives children consistency, and helps the court approve the divorce without delay. An Asheville uncontested divorce lawyer will ensure the agreement meets the court’s requirements and anticipates real-world parenting needs.
Can Parents Really Decide Custody Without Court Intervention?
Yes. In fact, North Carolina courts encourage parents to settle custody and visitation matters on their own whenever possible. If both parents agree and the agreement protects the best interests of the children, the court will usually approve it without a hearing.
However, there are a few rules to keep in mind:
- The agreement must be in writing.
- The agreement must be voluntarily signed by both parties.
- The agreement must be clear and complete enough for the court to enforce.
- The agreement must not violate public policy or appear to be coercive or unfair.
Judges are not required to approve a custody agreement that appears to put the children at risk. That’s why working with an experienced Asheville uncontested divorce lawyer is essential to ensure your plan is legally sound and child-centered.
What Happens If the Judge Has Questions?
Even in an uncontested divorce, a judge has the authority to ask questions or request revisions to a parenting agreement. For example:
- If one parent appears to have all decision-making authority with no justification.
- If the parenting schedule is vague or incomplete.
- If the child support amount deviates from state guidelines without explanation.
To avoid delays, your Asheville uncontested divorce lawyer will review your agreement to ensure it is consistent with North Carolina law and provides for the child’s needs appropriately.
Submitting a Custody Agreement in an Uncontested Divorce
Here’s how the process typically works in Asheville:
- Both parents negotiate and sign the parenting agreement.
This may happen before or after the divorce complaint is filed. - Your lawyer files the agreement with the court as part of your uncontested divorce packet.
- If child support is included, the agreement must comply with the North Carolina Child Support Guidelines unless both parties explain a valid reason for deviation.
- The judge reviews the agreement and determines whether it should be incorporated into the final divorce judgment or entered as a separate consent order.
If everything is in order, no hearing is required. The court will enter the judgment and approve the agreement, making it legally binding.
Common Custody Schedules That Work Well in Uncontested Divorces
If you and your co-parent are still figuring out what time-sharing arrangement makes sense, here are a few common options that are often used in uncontested divorces:
1. Week-on, Week-off (50/50 custody)
- Child lives with one parent for a week, then switches.
- Works best when both parents live nearby and communicate well.
2. 2-2-3 Schedule
- Parent A has Monday/Tuesday, Parent B has Wednesday/Thursday, and they alternate weekends.
- Provides equal time but frequent transitions.
3. Primary with Every Other Weekend
- One parent has primary physical custody; the other has visitation every other weekend and one night per week.
- A traditional option when one parent travels frequently or lives farther away.
4. Holiday Rotation
- Parents alternate major holidays each year or split the holiday.
- Include details on birthdays, school breaks, and summer vacation.
A skilled Asheville uncontested divorce lawyer can draft a parenting plan that fits your family’s rhythm and minimizes conflict over time-sharing.
How Is Child Support Calculated in an Uncontested Divorce?
North Carolina uses a formula-based system for child support, outlined in the North Carolina Child Support Guidelines. The amount depends on:
- Each parent’s income
- Custody schedule
- Health insurance and child care expenses
- Number of children
Even in an uncontested case, you must either:
- Use the guideline amount; or
- Explain why you’re deviating (e.g., unique expenses, high income, shared custody)
The judge will review the child support provisions in your agreement. If the numbers don’t align with the guidelines—or if the justification isn’t clearly stated—the judge may reject the agreement.
An Asheville uncontested divorce lawyer will help calculate the correct amount and draft the explanation if needed.
Can the Agreement Be Modified Later?
Yes. While your parenting agreement becomes a court order once entered, it can be modified later if circumstances change significantly. Common reasons to modify include:
- A parent relocates
- A parent’s work schedule changes
- The child’s needs evolve (medical, educational, etc.)
- Safety concerns arise
Modifications can be made by mutual consent or by court order if one parent files a motion and shows a substantial change in circumstances. Working with an Asheville uncontested divorce lawyer now can reduce the likelihood of problems later.
Do You Have to Attend Court for Custody Approval?
Often, no. If your uncontested divorce is handled through a Motion for Summary Judgment and the custody terms are clearly stated in your parenting agreement, the judge can approve it without requiring a court appearance.
However, the judge has discretion to request a hearing if:
- The agreement seems incomplete or unclear
- The child support amount is unusual
- The parenting plan appears to be unfair or one-sided
Your Asheville uncontested divorce lawyer will know when a hearing is likely and how to present your agreement to avoid it.
Mistakes to Avoid in Custody Agreements
Even cooperative parents can make missteps in an uncontested divorce. Avoid these common errors:
- Using vague language like “reasonable visitation” without details
- Failing to include a holiday schedule
- Not addressing transportation responsibilities
- Leaving out provisions for communication (calls, texts, virtual visits)
- Skipping child support calculations or explanations
Your agreement should cover everyday logistics and future scenarios. A strong parenting agreement anticipates what could go wrong—and solves it before it becomes a conflict.
An Asheville uncontested divorce lawyer will guide you through these considerations with your child’s best interest in mind.
What If We’re Still Figuring Out the Details?
Even if you haven’t finalized every term of custody, you may still proceed with an uncontested divorce without incorporating custody into the final judgment. This is known as a simple divorce, where only the divorce itself is finalized.
Later, you and your co-parent can file a separate custody consent order once the parenting plan is agreed upon.
This approach allows you to:
- Move forward with the divorce without delay
- Continue negotiating parenting terms in good faith
- Avoid trial if an agreement is reached
Talk to your Asheville uncontested divorce lawyer to determine whether to finalize custody now or wait.
Why Hire an Asheville Uncontested Divorce Lawyer?
Even when parents agree, custody and support issues are too important to leave to chance. An experienced Asheville uncontested divorce lawyer ensures that:
- Your parenting plan is clear, enforceable, and child-focused
- Child support is calculated correctly and documented properly
- All necessary forms and affidavits are prepared and filed
- Your agreement complies with local rules and best practices
- You avoid court whenever possible
DIY custody agreements often lack the structure needed to prevent future disputes. Working with a lawyer ensures that your family’s future is protected with the right legal framework.
Frequently Asked Questions (FAQ)
Can we agree to joint custody in an uncontested divorce?
Yes. As long as the arrangement is clearly stated in your parenting agreement, the court will usually approve it.
Do we need to go to mediation if we already agree?
No. Mediation is only required in contested custody cases or if ordered by the court.
Can we share custody 50/50 and still have one parent pay support?
Yes. Child support is based on income, not just time-sharing. Even in 50/50 cases, one parent may owe support.
Can the court deny our parenting agreement?
Yes, but only if it appears to be against the child’s best interests or doesn’t follow the law.
What if we want to change the schedule later?
You can modify the agreement by mutual consent or by filing a motion if there’s a substantial change in circumstances.
Can I waive child support in our agreement?
Not without a compelling reason. Courts are reluctant to approve complete waivers unless they clearly serve the child’s interests.
Is the parenting agreement filed with the divorce complaint?
It can be. Alternatively, it may be submitted later as part of the final judgment or a consent order.
Do we need to include a holiday schedule?
It’s strongly recommended. The court may reject the agreement if the schedule is incomplete or vague.
Can my child decide who to live with?
Children do not make custody decisions in North Carolina. The court may consider their preferences, but parents must reach agreement or submit to court review.
Is an oral custody agreement enforceable?
No. All custody agreements must be in writing and approved by the court to be legally enforceable.
If you and your spouse are ready to move forward peacefully and put your children first, an uncontested divorce may be the best path forward. With help from a seasoned Asheville uncontested divorce lawyer, you can create a parenting plan that supports your kids, minimizes conflict, and stands the test of time.
The McKinney Law Group: Asheville Divorce Representation Rooted in Clarity and Compassion
At The McKinney Law Group, we understand that divorce is one of life’s most difficult transitions. That’s why we offer clear, compassionate legal support for Asheville clients looking to protect their rights, finances, and family while navigating separation.
We assist with:
✔ Equitable division of property, real estate, and retirement accounts
✔ Spousal support (alimony) that reflects your financial reality
✔ Parenting plans and custody agreements built around your child’s needs
✔ Guidance for both contested and uncontested divorces in Buncombe County
✔ Ongoing support for post-divorce modifications and enforcement
We’ll help you move forward with dignity, strength, and a plan that works for you.
Call 828-929-0642 or email [email protected] to schedule your Asheville divorce consultation today.