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In order to register an out of state order, the registering party must file a Petition of Registration of Foreign Child Custody Order, Notice of Registration, and two certified copies of the original order from the issuing state.
To ask a court for a child custody order, you must file a complaint. Your lawyer can file the complaint for you, or if you do not have a lawyer, you can file a complaint yourself.
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.
Request a certified copy of the original custody order from the original court. Print and fill out the AOC form titled ?Petition For Registration of Foreign Child Custody Order.? It's AOC form number AOC-CV-660 and can be found here. Date and sign the verification page of the petition in front of a notary public.
You are the primary parent, so you should not have to ask for permission. However, this stance on the matter is contrary to North Carolina law. To move your child far away or to a state other than North Carolina, you need either an agreement with the other parent, or a court order approving the relocation.
You must: Use certified mail. Request a return receipt to show that the mail was delivered and signed for. Attach the green receipt to an Affidavit of Return of Service by Certified Mail. Fill out and file the Affidavit of Return of Service by Certified Mail with the court to prove that you made service on the defendant.
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.
A signed and notarized child custody agreement is enforceable as a contract between the parents, but the court will not enforce the agreement until it is incorporated into a court order. The law in North Carolina is clear that courts are not bound by contracts regarding agreements in co-parenting.