When parents separate, custody disputes can quickly turn confusing. The law is clear, but the procedures — how to file, when to respond, what hearings to expect — can overwhelm families. At Adkins Law, PLLC, we regularly guide parents in Huntersville, Mooresville, and greater Lake Norman area through the custody process from start to finish.
This guide breaks down the 30 most common procedural custody questions in North Carolina, focusing on the filings, deadlines, and steps you’ll face in family court.
Custody Filings and Starting a Case
1. How do I start a custody case in North Carolina?
You file a Complaint for Child Custody (or custody as part of a divorce complaint) in district court. In Huntersville, cases are filed in Mecklenburg County District Court.
2. What forms do I need to file for custody?
The main forms are a Complaint, a Civil Summons (AOC-CV-100), and a Domestic Civil Action Cover Sheet.
3. Where do I file custody papers in Huntersville?
All custody filings go through the Mecklenburg County Courthouse in Charlotte. Huntersville cases are not handled locally — they go downtown.
4. How do I serve the other parent?
Service must follow Rule 4 of NC Civil Procedure: sheriff’s service, certified mail, or process server. You cannot hand the papers over yourself.
5. What happens if I can’t locate the other parent?
You may serve by publication (running a legal ad in the newspaper), but only after showing due diligence.
6. Do I have to pay to file?
Yes, there’s a filing fee (around $150). If you can’t afford it, you can file a Petition to Sue as an Indigent (AOC-G-106).
Responding to Custody Papers
7. What do I do if I’ve been served with a custody complaint?
You must file an Answer within 30 days of being served.
8. Can I request custody if I’m the responding parent?
Yes, in your Answer you may file a Counterclaim asking for custody and/or visitation.
9. What happens if I don’t respond within 30 days?
The court may enter a default judgment, granting the other parent custody.
10. Can I get more time to respond?
Yes, by filing a Motion for Extension of Time before your 30 days expire.
Mediation and Early Steps
11. Is custody mediation required?
Yes. In Mecklenburg County, you must attend a custody mediation orientation and at least one session before trial.
12. What if the other parent refuses to attend mediation?
If mediation is not possible, the mediation office will close the case and certify it for court.
13. Can I bring my lawyer to mediation?
No. Custody mediation in NC is between the parents and a court mediator only.
14. What if we reach an agreement in mediation?
The mediator drafts a Parenting Agreement. If both parents sign, it can be approved by the judge and becomes a court order.
Temporary Custody and Emergency Orders
15. How do I request temporary custody?
You file a Motion for Temporary Custody and set a hearing date.
16. What if there’s an emergency (abuse, neglect, danger)?
You may file an Ex Parte Emergency Custody Motion under N.C.G.S. § 50-13.5(d)(3), which a judge may decide without the other parent present.
17. How long does emergency custody last?
Usually only until a full hearing (typically within 10 days).
Hearings and Court Process
18. What’s the first court hearing in a custody case?
After mediation, the court may schedule a temporary hearing or move directly toward trial.
19. What evidence do I need for a custody hearing?
Bring school records, medical records, texts/emails, witnesses, and anything that shows your parenting ability.
20. Is custody decided by a judge or jury?
Custody is always decided by a district court judge in North Carolina — never a jury.
21. Can the judge interview my child?
Yes, in chambers (not open court), depending on the child’s age and maturity.
22. How long does it take to get a final custody order?
It varies. A consent order can be signed in weeks, but if trial is needed, it can take months due to court backlog.
Custody Orders and Enforcement
23. What is a “consent order”?
A custody agreement signed by both parents and entered by the judge. It has the same effect as a trial order.
24. What if the other parent violates the custody order?
You file a Motion for Contempt. The judge can fine them, award makeup time, or even jail them.
25. Can I modify a custody order?
Yes, but you must show a substantial change in circumstances affecting the child.
26. How do I enforce out-of-state custody orders in Huntersville?
You file to domesticate the foreign order under the UCCJEA before NC will enforce it.
Appeals and Special Situations
27. Can I appeal a custody decision?
Yes, to the NC Court of Appeals. Appeals are based on legal errors, not a new trial.
28. What if DSS is involved in my custody case?
DSS cases are handled in juvenile court, which has its own procedures and stricter timelines.
29. What if one parent moves out of state?
Jurisdiction is controlled by the UCCJEA. Generally, the child’s “home state” for the last 6 months keeps jurisdiction.
30. Do I need a lawyer for custody in Huntersville?
You can represent yourself, but given the complexity of filings, hearings, and deadlines, most parents benefit from working with a Huntersville custody attorney to protect their rights.
Conclusion
Custody is not just about who “gets the child.” It’s a step-by-step legal process with strict rules about filings, responses, and hearings. Missing a deadline or misunderstanding procedure can cost you valuable parenting time.
At Adkins Law, PLLC, we represent parents in Huntersville, Troutman, Davidson, Mooresville, and throughout the Lake Norman area in custody filings, modifications, enforcement, and appeals.
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