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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.
In order to file a Temporary Emergency Custody Motion, you must file a Pleading/Complaint seeking Child Custody and/or Visitation. (See N.C.G.S. 50A-209). To file a Pleading/Complaint for Child Custody and/or Visitation go to the SelfServe Center, which is in Suite 3350 of the Mecklenburg Courthouse.
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.
Create a legal heading for your motion.Capitalize your title head.Declare the facts.Write the memorandum using the law and legal precedent to plead your case.Conclude the motion with a brief summary of your request.
Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion ?filed,? place the original in the Court file and return two (2) copies of the ?filed? document to you.
§ 35A-1207. Motions in the cause. (a) Any interested person may file a motion in the cause with the clerk in the county where a guardianship is docketed to request modification of the order appointing a guardian or guardians or consideration of any matter pertaining to the guardianship.
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.
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.
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.
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.