How to File for Custody in North Carolina

Can North Carolina hear the case?

Under the Uniform Child-Custody Jurisdiction and Enforcement Act, a North Carolina court can make an initial custody determination if North Carolina is the child’s home state on the date the case begins, or was the home state within six months before, and a parent or person acting as a parent still lives here (G.S. 50A-201(a)(1)). “Home state” means the state where the child lived with a parent or person acting as a parent for at least six consecutive months immediately before the case, or, for a child under six months old, since birth (G.S. 50A-102(7)). Other bases apply only when no state has home state jurisdiction or the home state declines (G.S. 50A-201(a)(2) to (4)), and emergency jurisdiction is separate (G.S. 50A-204).

If a court in another state already made a custody order, you generally must go back to that state to change it as long as a party still lives there (G.S. 50A-202 and 50A-203). See the modification guide.

Which county

A custody and support 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)). If a divorce, annulment, or alimony case is already pending in North Carolina and has not reached final judgment, the custody and support claims for the children of the marriage must be joined with that case or brought by motion in the cause in it.

What you file

1. A complaint for custody. The Judicial Branch says that to ask a court for a custody order you must file a complaint, and that you can file one yourself if you do not have a lawyer. There is no statewide fill-in custody complaint. Your complaint must be signed and state your address (Rule 11(a)). Because the court decides custody under the best interest standard in G.S. 50-13.2(a), the facts you plead about your child’s care matter.
2. Required disclosures. If you have been convicted of an offense listed in G.S. 50-13.1(a1), such as a sexually violent offense, you must disclose each conviction in the pleadings. You must also disclose if you have been granted or denied custody of any child in any jurisdiction. A nonparent must also make the attestation in G.S. 50-13.1(a2).
3. The child’s status information. Each party, in its first pleading or an attached affidavit, must give information under oath, if reasonably ascertainable, about the child’s present address, where and with whom the child has lived during the last five years, other custody proceedings, and anyone else claiming custody or visitation (G.S. 50A-209(a)). The statewide AOC-CV-609, Affidavit as to Status of Minor Child (Rev. 3/19) collects this information and is signed before a notary, a clerk, or a magistrate.
4. A cover sheet and a summons. Domestic filings use the AOC-CV-750, Domestic Civil Action Cover Sheet (Rev. 1/14). After the complaint is filed, a summons must be issued within five days (Rule 4(a)); the statewide form is the AOC-CV-100, Civil Summons (Rev. 12/23).

Adding child support

You may ask for child support in the same case. Any parent or person having custody of a minor child, or bringing a custody action, may bring an action for support (G.S. 50-13.4(a)). Each party in a support action must give the clerk their Social Security number (G.S. 50-13.4(g)). See the child support guide.

Service and the next steps

• The summons and complaint must be served on the other parent. Personal or substituted personal service must be made within 60 days after the summons is issued (Rule 4(c)). See the service guide.
• Each party has a continuing duty to tell the court about any proceeding in any state that could affect the case (G.S. 50A-209(d)).
• Contested custody issues are then set for custody mediation unless the court waives it (G.S. 50-13.1(b) and (c)).

If you were served

The summons tells you to serve a written answer on the plaintiff within 30 days after you were served and to file the original with the clerk of superior court (Rule 12(a)(1) and AOC-CV-100, Civil Summons). In your answer you admit or deny each allegation; an allegation that you do not deny is admitted, other than allegations of the amount of damages (Rule 8(b) and (d)). If you want custody yourself, you can ask for it in a counterclaim in your answer (Rule 13). Your first pleading also needs the sworn child status information under G.S. 50A-209.

The Judicial Branch notes that you will not be arrested for failing to appear in a custody case, but if you skip mediation or hearings you lose your chance to tell the judge your side and to request custody or visitation.

Help for self-represented parents

The Judicial Branch points self-represented parents to Legal Aid of North Carolina’s child custody and visitation clinics. Court staff cannot give legal advice, and if you represent yourself you are held to the same rules of evidence and procedure as a lawyer.

Primary sources

Statutes, rules, and forms change. Check the current version at the source before you file.

• G.S. 50A-102, definitions (home state)
• G.S. 50A-201, initial child-custody jurisdiction
• G.S. 50A-209, information to be submitted to court
• G.S. 50-13.1, action or proceeding for custody
• G.S. 50-13.4, action for support of minor child
• G.S. 50-13.5, procedure, including venue
• Rules of Civil Procedure (G.S. 1A-1), Rules 4, 8, 11, 12, 13
• AOC-CV-609, Affidavit as to Status of Minor Child
• AOC-CV-750, Domestic Civil Action Cover Sheet
• AOC-CV-100, Civil Summons
• North Carolina Judicial Branch, Child Custody help topic