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The boyfriend may have filed for custody, but the court will hold a hearing to determine what is in the best interests of the child. A court cannot simply take custody away from the mother without holding a hearing first. At the hearing, the court will carefully examine your daughter's conduct in the past and, based on her past history, the court will predict how she will behave in the future. The court will do the same for the boyfriend. The trial judge is given wide discretion in his or her determination. The dominant principle in all NC child custody actions, including actions to modify custody, is that custody will be awarded to the person or institution who “will, in the opinion of the judge, best promote the interest and welfare of the child.”