In order to gain custody of a child, a party must prove that it is in the best interest of the child (or children) to be in his or her custody. The court will consider several factors in each case to determine exactly what the best interest of the child is in each individual case. In North Carolina, the parents must go through a mandatory child custody mediation once a complaint is filed and prior to going to trial. North Carolina is the proper place to file if it is the child’s home state.