Non-parents do not need a custody order to provide temporary care for a child as long as the parents agree that the child will live with or be cared for by the non-parent. However, schools, medical providers or other third parties may require a custody order before allowing a non-parent to make decisions for a child. Both legal parents have equal rights to the child if there is no custody order.
Without a custody order, the rights of non-parents are much more limited, and the parents generally have the right to custody of the child. At age 18, your child is legally an adult, and the courts no longer have the authority to order custody or visitation. The grounds for granting emergency custody include situations in which a child is at a substantial risk of bodily injury, sexual abuse, or removal from North Carolina for the purpose of avoiding the authority of the North Carolina courts.
Law enforcement can assist in recovering a child with an emergency custody order. If an emergency custody order is granted, a hearing must be scheduled so that both parties have the opportunity to be heard.
You should consider hiring an attorney if you need to file for emergency custody, because the process is complex.
Any parent can file for custody, whether the parents are separated, divorced or never married. Third parties, such as grandparents, relatives, or others who have cared for the child, can file for custody or visitation under some circumstances.
To obtain custody, non-parents must prove that the parents are either unfit to care for the child or have not acted in accordance with their rights as parents, for instance, by abandoning the child to be raised by a non-parent. Grandparents may also be awarded visitation in some circumstances when there is a custody case between the parents.
Non-relatives requesting custody must prove that they have a substantial relationship with the child. 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. You can find information online about the process, child custody paperwork, and clinics conducted by Legal Aid of North Carolina.
If you had a previous custody case about the same child in a different state, you generally must return to that state to change your custody order as long as one of the parties still lives there. Within North Carolina, you may file a custody case in the county in which the child resides or is physically present or in a county where the parent resides.
After you file your case, you must ensure that the summons and complaint are served on the other parent, generally either by the sheriff or through certified mail. A judge can only make decisions in your case after the other parent has been served with the summons and complaint.
Generally, before a judge can hear your case, it will be sent to the Custody Mediation Program. See the Custody Mediation Help Topic for more details about custody mediation. If you and the other party are unable to agree on a custody and visitation plan in mediation, a judge can hear your case to make a decision for you.
In most cases, a hearing will be scheduled only if one of the parties requests it. I went to court for custody in the past, but the situation has changed. Can I file a new case? If a judge signed a custody order in your earlier case, you will need to file to modify that order rather than filing a new case. In general, your Motion to Modify should be filed in the court that made the original decision.
In some situations, if your previous case was dismissed, you can file a new custody case. See below for more information on modification. You are not required to hire an attorney, but child custody cases are often factually complicated and require the presentation of witnesses and documents. If you represent yourself in court, you will be held to the same rules of evidence and procedure as a licensed attorney.
See the Find an Attorney Help Topic for more information about finding an attorney to represent you. If you are able to do so, you should discuss the case with an attorney as soon as possible.
You must respond to the lawsuit by filing an Answer within 30 days after you are served with the summons and complaint. You should also attend all mediation and court dates. Sometimes, cases can go on for a period of several months. Not everyone can start court proceedings for Child Arrangement Orders. Only those with Parental Responsibility have permission to start court proceedings.
This includes mothers, fathers named on the birth certificate, step-parents married to the mother or those with legal guardianship. Anyone else must apply for permission from the court before starting proceedings, making the process even longer. This can be done with any qualified mediator.
The meeting will usually take place within 15 businesses days of you contacting the mediator. The aim of the MIAM is to see if child custody can be agreed by mediation. If you can agree child custody through mediation it will significantly speed up the process. You will need to complete a C form.
A solicitor can help with the form. If the mediator decides it is unlikely you can progress, or you fail to reach an agreement, you will be allowed to make an application to the court. Go to NC Courthouse Locations to find the court in your county.
If you are going to be in court without a lawyer, our Preparing for Court — By Yourself section may be useful to you. Temporary absence from the state does not change anything. If you and your child recently moved to a new state, generally you cannot file for custody in that new state until you have lived there for at least six months.
Until then, either you or the other parent can start a custody action in the state in which your child most recently lived for at least six months. There is an exception to this rule — if you or the child or a sibling of the child is in danger, you may be able to file for temporary emergency custody in North Carolina even if you have been in North Carolina for less than 6 months. See Can I get temporary emergency custody?
If the same family lived in NC for one year and then one parent moved to SC with the children and filed in SC after living there for only four months, NC is still the home state. There are exceptions to the home state rule. Usually, however, you can only do this if there is no home state or if the home state has agreed to let another state decide the case. For a list of legal resources, please see our NC Finding a Lawyer page.
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Skip to main content. General information What is custody? What are some pros and cons of starting a custody case? Should I start a court case to ask for supervised visitation?
The different types of custody arrangements What is sole custody? What is joint custody? What is visitation? Who can get custody and visitation Who can get custody of a child? Can a parent who committed violence get custody or visitation? My child was conceived from rape. Can I get an emergency order for temporary custody? What are the steps for filing for custody? When can I be excused from mediation? Can things that I say during mediation be used against me in court if we go to trial?
How will a judge make a decision about custody? Do I need a lawyer to start a custody case? In which state can I file for child custody?
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