Get Mecklenburg County Custody Form Packet

In North Carolina, parents can settle custody and visitation through private agreement, and don't even have to see the inside of a courtroom to do so. Until there is a settlement between the parents or the court determines custody, each parent has equal rights to physical possession of children of the marriage.

Parents submit a proposed consent order to the court when they settle a case without using a mediator, and it becomes a court order once signed by a judge. Parents can also submit proposed consent orders individually when they can't agree. If you have an attorney, they will help you draft the document.

In order to start a custody case, you need to file a custody complaint with the court in the county where the parent or the child resides or in the county where the child is physically present.

An emergency child custody request is made to the court by filing a complaint or motion and a sworn statement of facts about the circumstances involving the child. The court process for seeking emergency child custody is an ex parte proceeding.

An emergency order is a type of temporary order. To get one, you must provide evidence that your child faces immediate danger or risk of abduction. Within hours or days of submitting a well-founded request for an emergency order, you'll have a hearing without the other parent (called an ex parte hearing).

If you were never married to the other parent, you can file a petition to establish custody. If you are divorced from the other parent and want to modify an existing custody order, you can file a petition to modify the custody order. Ask the court clerk what forms you need to file in order to make your request.

How Much Does it Cost to File for Child Custody? To file a case you need to pay a filing fee which is set by your local district clerk's office of the country where you are planning to file a case for your child's custody. This normally ranges from $200 to $400.

You'll need to pay the court clerk $150 to open your case. If you can't afford it, submit a Petition to Proceed as an Indigent to ask the court to waive the charges. When the clerk gives you a file number, write it on your forms from Step 1 (the originals as well as the copies) and hand them all to the clerk.

Know your role. Simply wearing the title of "mother", "father", or "grandparent" will not hold weight in the courtroom. ... Keep good records. Possessing a strong feeling of love and responsibility for your child is not enough. ... Do your homework - literally. ... Playing the blame game. ... People in your circle. ... Habits that die hard.