How Custody Court Works in North Carolina

Which court hears your case

Custody and child support cases are heard in the district court division. When a district court has jurisdiction, actions for custody and support of minor children are heard without a jury by the district court judge and may be heard at any time (G.S. 50-13.5(h)). The custody and support statutes are Article 1 of Chapter 50 of the General Statutes, mainly G.S. 50-13.1 to 50-13.13. Interstate jurisdiction is governed by the Uniform Child-Custody Jurisdiction and Enforcement Act in Chapter 50A, and domestic violence protective orders by Chapter 50B.

Procedure follows the Rules of Civil Procedure in Chapter 1A, except where G.S. 50-13.5 or G.S. 50-19 says otherwise (G.S. 50-13.5(a)). A custody or support claim can be its own civil action, or it can be joined with, filed as a cross action in, or raised by motion in a divorce, annulment, or alimony case (G.S. 50-13.5(b)).

The people you will deal with

• The clerk of superior court. The clerk’s office in each county keeps the court file. The statewide civil summons tells a defendant to file the original written answer with the Clerk of Superior Court of the county named on the summons (AOC-CV-100, Civil Summons (Rev. 12/23)). Clerks and judges cannot give legal advice about your rights or the likely outcome of your case, according to the Judicial Branch’s custody help page.
• District court judges. A district court judge decides custody and support, makes the written findings the statutes require, and signs any parenting agreement reached in mediation.
• Custody mediators. The Administrative Office of the Courts runs a statewide Custody and Visitation Mediation Program made up of local district programs, with mediators employed by or under contract with the chief district court judge (G.S. 7A-494(b)). See the mediation guide.
• Parenting coordinators. In a high-conflict case, the court may appoint a parenting coordinator after a custody order is entered (G.S. 50-91). See the enforcement guide.
• The child support agency. A parent can ask the county child support enforcement office for help instead of filing a support case alone. In a IV-D case handled by that agency, the agency monitors compliance and starts enforcement (G.S. 50-13.9(b1)).

Your district’s local rules

Statewide rules leave a lot of the day-to-day practice to each judicial district. Local rules must supplement, and may not conflict with, the General Rules of Practice, and trial judges must enforce the local rules of the district where they sit (General Rule of Practice 22). Districts publish their domestic and family court rules, including scheduling, required forms, and mediation procedures, in the Judicial Branch’s local rules and forms library. Read your district’s rules before your first filing.

How a custody case usually moves

• A parent, relative, or other person claiming the right to custody files a complaint (G.S. 50-13.1(a)). North Carolina has no statewide custody complaint form; the Judicial Branch says you can file a complaint yourself if you do not have a lawyer.
• The summons and complaint are served, and the defendant has 30 days after service to answer (Rule 4(b) and Rule 12(a)(1)).
• If custody or visitation is contested, the case is set for mediation before or at the same time as it is set for hearing, unless the court waives mediation (G.S. 50-13.1(b) and (c)).
• If there is no agreement, the judge decides after a hearing. The Judicial Branch notes that in most cases a hearing is scheduled only if one of the parties requests it.

Judges may enter temporary or permanent custody orders, and once the court has jurisdiction it may enter temporary custody and support orders even before service of process or notice is complete, if the circumstances make it appropriate (G.S. 50-13.5(d)(2)). A temporary order that changes the child’s living arrangements or custody may be entered ex parte, before service or notice, only on the findings required by G.S. 50-13.5(d)(3). The Judicial Branch explains that a temporary order stays in effect until the judge holds a new hearing, and that to change a permanent order you must show a substantial change in circumstances affecting the child.

Filing, e-filing, and cover sheets

The Judicial Branch reports that all 100 counties have used its Enterprise Justice (Odyssey) electronic filing and case management system since October 13, 2025. Under General Rule of Practice 5(b)(2), attorneys must file electronically, while a person who is not represented by an attorney is encouraged to file electronically but is not required to. A document filed electronically by a date-certain deadline must be filed by 5:00 p.m. Eastern Time (Rule 5(b)(4)).

Paper filings in civil actions must include a cover sheet in the format the Administrative Office of the Courts prescribes. If you leave it off, the clerk may not reject the filing but will give you no more than five days to file the cover sheet (General Rule of Practice 5(c)). Domestic cases use the AOC-CV-750, Domestic Civil Action Cover Sheet (Rev. 1/14), which lists pleading codes such as Complaint (COMP) and Modification Of Custody (MCUS) and claim codes such as Custody (CUST), Visitation (VIST), and Child Support (CSUP).

Counsel fees

In a custody or support case, including a motion to modify, the court may in its discretion order reasonable attorney’s fees for an interested party acting in good faith who has insufficient means to pay for the case. Before ordering fees in a support action, the court must also find that the party ordered to pay support refused to provide adequate support when the case began, unless it finds the supporting party started a frivolous action (G.S. 50-13.6).

Primary sources

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

• G.S. 50-13.1, action or proceeding for custody
• G.S. 50-13.5, procedure in custody and support actions
• G.S. 50-13.6, counsel fees
• G.S. 50-13.9, procedure to insure payment of child support
• G.S. 50-91, appointment of parenting coordinator
• G.S. 7A-494, Custody and Visitation Mediation Program
• Rules of Civil Procedure (G.S. 1A-1), Rules 4 and 12
• General Rules of Practice for the Superior and District Courts, Rules 5 and 22
• North Carolina Judicial Branch, eCourts
• AOC-CV-750, Domestic Civil Action Cover Sheet
• AOC-CV-100, Civil Summons
• North Carolina Judicial Branch, Child Custody help topic
• North Carolina Judicial Branch, Custody Mediation help topic
• North Carolina Judicial Branch, local rules and forms