How do I file for custody in North Carolina?

Where to file

North Carolina generally must be the child’s home state, meaning the child lived here with a parent or person acting as a parent for at least six consecutive months immediately before the case (G.S. 50A-102(7) and 50A-201(a)(1)). Within North Carolina, the case may be filed in the county where the child resides or is physically present or in a county where a parent resides (G.S. 50-13.5(f)).

What to file

Along with your complaint, each party must give sworn information about the child’s addresses and caretakers for the last five years and any other custody proceedings, in the first pleading or an attached affidavit (G.S. 50A-209). The statewide Affidavit as to Status of Minor Child (AOC-CV-609) covers this. Domestic filings use the Domestic Civil Action Cover Sheet (AOC-CV-750), and the clerk issues a Civil Summons (AOC-CV-100).

The complaint must disclose certain criminal convictions listed in G.S. 50-13.1(a1) and whether you have been granted or denied custody of any child in any jurisdiction.

After filing

The summons and complaint must be served, and personal or substituted personal service must be made within 60 days after the summons is issued (Rule 4(c)). The other parent has 30 days after service to answer (Rule 12(a)(1)). Contested custody issues are then set for the statewide custody mediation program unless the court waives mediation (G.S. 50-13.1(b) and (c)).