Nc Custody Form PDF Details

If you are going through a divorce and have children, chances are you will need to fill out a Nc Custody Form. This form is used to establish who will have custody of the children and how decisions about their welfare will be made. The form is long and complicated, but with the help of this guide, you can ensure that all the necessary information is included.

This table includes specifics of nc custody form. This page can provide information about the form's length, finalization time, and the fields you are needed to fill.

QuestionAnswer
Form NameNc Custody Form
Form Length27 pages
Fillable?No
Fillable fields0
Avg. time to fill out6 min 45 sec
Other namescustody forms nc, north carolina temporary custody form, custody nc form, north carolina custody filing

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STATE OF NORTH CAROLINA

 

In the General Court of Justice

County of _______________________

 

District Court Division

 

 

File _________________________

 

)

 

________________________________

)

 

Name of Plaintiff

)

 

 

)

 

v.

)

COMPLAINT FOR CUSTODY

 

)

VISITATION

 

)

[COMP CUST/VIST]

 

)

 

________________________________

)

 

Name of Defendant

)

 

NOW COMES THE PLAINTIFF, complaining of the Defendant, and alleges and says:

1. The Plaintiff is a resident and citizen of ___________________ County, in the State of North Carolina

.

2.The Defendant is a resident and citizen of _________________ County, in the State of ___________________.

3.The parties (check one)

are married but living separate and apart. are divorced.

have never been married.

4.The parties are the parents of the following child[ren]: ______________________________________________

___________________________________________________________________________________________

5.FIRST CHILD. During the past five (5) years the minor child, ____________________________________, born on _______________________ has lived as follows:

Period Of Residence

 

Dates

From

To

Address

Name of Person

Lived With

Present Address Of Person

Present

1

(Check ONLY those that apply)

I have participated in litigation concerning the custody of the above named child.

Name of Court

Case Number

Date of Decision

___________________________

___________________________

___________________________

I have information of a lawsuit concerning the above named child in a court in North Carolina or another state.

Name of Court

Case Number

Nature of Proceeding

___________________________

___________________________

___________________________

I know of a person as listed below, who has Rights with respect to the above named child.

Physical Custody

Claimed Custody

Claimed Visitation

Name and Address of Person(s)

_____________________________________________________________________________________

_____________________________________________________________________________________

(Use only if another child. Use additional pages as necessary.)

SECOND CHILD. During the past five (5) years the minor child, _________________________________, born

on _______________________ has lived as follows:

Period Of Residence

 

Dates

From

To

Address

Name of

Person Lived

With

Present Address Of Person

Present

2

(Check ONLY those that apply)

I have participated in litigation concerning the custody of the above named child.

Name of Court

Case Number

Date of Decision

_______________________

________________________

________________________

I have information of a lawsuit concerning the above named child in a court in North Carolina or another state.

Name of Court

Case Number

 

_________________________

_________________________

I know of a person as listed below, who has

Physical Custody

Rights with respect to the above named child.

 

Nature of Proceeding

________________________

Claimed Custody

Claimed Visitation

Name and Address of Person(s)

_____________________________________________________________________________________

_____________________________________________________________________________________

6. The Plaintiff is a fit and proper person to have custody of the child[ren]. It is in the child[ren]’s best interest

that the Plaintiff be awarded

custody

visitation.

7.The parties have been unable to agree on a custody and visitation schedule with the child[ren].

8.This Court has jurisdiction to hear this custody case because (check one):

The child[ren] has/have lived in North Carolina for the past six months.

The child[ren] is/are less than six months old and has/have lived in North Carolina since the child[ren]’s birth or for a majority of the child (ren)’s life.

WHEREFORE, THE PLAINTIFF PRAYS OF THE COURT:

1.

For an Order giving Plaintiff

temporary and permanent custody or

 

of the child[ren] listed above.

 

2.For such other relief as may be proper, just and lawful.

temporary and permanent visitation

Respectfully submitted;

 

This, the _____ day of ______________, 20___.

 

Signature of Plaintiff

Mailing Address of Plaintiff

___________________________________

______________________________

Telephone Number

 

 

______________________________

___________________________________

 

3

STATE OF NORTH CAROLINA

_________________ COUNTY

VERIFICATION

_______________________, being first duly sworn, deposes and says:

That (s)he is the Plaintiff in the foregoing action and that (s)he has read the contents of the foregoing Complaint and know the contents thereof, and that they are true to his/her own knowledge, except as to those matters alleged upon information and belief, and as to those matters, (s)he believes them to be true.

This is the ____ day _________, 20___.

___________________________________

Signature of Plaintiff

__________________ County, North Carolina

 

Sworn to (or affirmed) and ascribed before me,

 

this date by ___________________________

 

Date: _____________

 

(Official Seal)

_____________________________________

 

Official Signature of Notary

 

___________________________, Notary Public

 

Notary’s Printed or typed name

 

My commission expires: ______________

4

STATE OF NORTH CAROLINA

______________________ County

File No.

In the General Court Of Justice

District

Superior Court Division

Name Of Plaintiff

Address

City, State, Zip

VERSUS

Name Of Defendant(s)

CIVIL SUMMONS

ALIAS AND PLURIES SUMMONS (ASSESS FEE)

G.S. 1A-1, Rules 3,4

Date Original Summons Issued

Date(s) Subsequent Summons(es) Issued

To Each Of the Defendant(s) Named Below:

Name And Address Of Defendant 1

Name And Address Of Defendant 2

A Civil Action Has Been Commenced Against You!

You are notified to appear and answer the complaint of the plaintiff as follows:

1.Serve a copy of your written answer to the complaint upon the plaintiff or plaintiff’s attorney within thirty (30) days after you have been served. You may serve your answer by delivering a copy to the plaintiff or by mailing it to the plaintiff’s last known address, and

2.File the original of the written answer with the Clerk of Superior Court of the county named above.

If you fail to answer the complaint, the plaintiff will apply to the Court for the relief demanded in the complaint.

Name And Address Of Plaintiff’s Attorney (If None, Address Of Plaintiff)

Date Issued

Time

AM

 

 

 

 

 

 

PM

 

 

 

 

 

Signature

 

 

 

 

 

 

 

Deputy CSC

Assistant CSC

Clerk Of Superior Court

 

 

 

 

 

 

 

 

 

Date Of Endorsement

Time

AM

ENDORSEMENT (ASSESS FEE)

 

 

 

 

PM

This Summons was originally issued on the date

 

 

 

 

 

Signature

 

 

indicated above and returned not served. At the request

 

 

 

 

 

of the plaintiff, the time within which this Summons must

 

 

 

be served is extended sixty (60) days.

Deputy CSC

Assistant CSC

Clerk Of Superior Court

 

 

 

 

NOTE TO PARTIES: Many counties have MANDATORY ARBITRATION programs in which most cases where the amount in controversy is $15,000 or less are heard by an arbitrator before a trial. The parties will be notified if this case is assigned for mandatory arbitration, and, if so, what procedure is to be followed.

AOC-CV-100, Rev. 6/11

(Over)

© 2011 Administrative Office of the Courts

 

RETURN OF SERVICE

I certify that this Summons and a copy of the complaint were received and served as follows:

Date Served

DEFENDANT 1

Time Served

Name Of Defendant

AM PM

By delivering to the defendant named above a copy of the summons and complaint.

By leaving a copy of the summons and complaint at the dwelling house or usual place of abode of the defendant named above with a person of suitable age and discretion then residing therein.

As the defendant is a corporation, service was effected by delivering a copy of the summons and complaint to the person named below.

Name And Address Of Person With Whom Copies Left (if corporation, give title of person copies left with)

Other manner of service (specify)

Defendant WAS NOT served for the following reason:

DEFENDANT 2

Date Served

Time Served

AM

PM

Name Of Defendant

By delivering to the defendant named above a copy of the summons and complaint.

By leaving a copy of the summons and complaint at the dwelling house or usual place of abode of the defendant named above with a person of suitable age and discretion then residing therein.

As the defendant is a corporation, service was effected by delivering a copy of the summons and complaint to the person named below.

Name And Address Of Person With Whom Copies Left (if corporation, give title of person copies left with)

Other manner of service (specify)

Defendant WAS NOT served for the following reason:

Service Fee Paid

$

Date Received

Date Of Return

Signature Of Deputy Sheriff Making Return

Name Of Sheriff (Type Or Print)

County Of Sheriff

AOC-CV - 100, Side Two, Rev. 6/11

© 2011 Administrative Office of the Courts

STATE OF NORTH CAROLINA

__________________________________ County

File No.

In the General Court Of Justice

District

Superior Court Division

Name of Plaintiff

VERSUS

Name of Defendant

PETITION TO SUE/APPEAL/FILE MOTIONS

AS AN INDIGENT

G.S. 1-110; 7A-228

AFFIDAVIT

(check one of the three boxes below)

Petition To Sue - As a plaintiff in the above entitled action, I affirm that I am financially unable to advance

the required costs for the prosecution of this action. Therefore, I now petition the Court for an order allowing me to bring suit in this action as an indigent.

I am an inmate in the custody of the Department of Correction.

(Note To Clerk: If this block is checked, this Petition must be submitted to a Superior Court Judge for disposition provided on the reverse.)

Petition To File Motions - As a defendant debtor in the above entitled action, I affirm that I am financially

unable to advance the required costs to file a motion. Therefore, I now petition the Court for an order allowing me to file my motion as an indigent.

Petition To Appeal - As the individual appellant in the above entitled small claims action, I affirm that I am financially unable to pay the cost for the appeal of this action from small claims to district court. Therefore, I now petition the Court for an order allowing me to appeal this action to district court as an indigent.

(check one or more of the boxes below as applicable)

I am presently a recipient of

food stamps.

Aid to Families With Dependent Children (AFDC).

Supplemental Security Income (SSI).

I am represented by a legal services organization that has as its primary purpose the furnishing of legal services to indigent persons, or I am represented by private counsel working on behalf of such a legal services organization. (Attach a letter from your legal services attorney or have your attorney sign the certificate below.)

Although I am not a recipient of food stamps, AFDC or SSI, nor am I represented by legal services, I am financially unable to advance the costs of filing this action or appeal.

 

SWORN AND SUBSCRIBED TO BEFORE ME

 

Date

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date

Signature

 

Signature of Petitioner

 

 

 

 

 

 

 

 

 

Title of Person Authorized To Administer Oaths

 

Name And Address Of Petitioner (Type Or Print)

 

 

 

 

 

 

 

 

 

Date Commission Expires

 

 

 

 

 

 

 

 

 

 

SEAL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CERTIFICATE OF LEGAL SERVICES/PRO BONO REPRESENTATION

I certify that the above-named petitioner is represented by a legal services organization that has as its primary purpose the furnishing of legal services to indigent persons or is represented by private counsel working on behalf of or under the auspices of such legal services organization.

Date

Signature

Name And Address (Type or Print)

ORDER

Based on the Affidavit appearing above, it is ORDERED that:

the petitioner is authorized to bring suit, to appeal, or file motions in this action as an indigent. the petition is denied.

Date

Signature

Assistant CSC

Clerk Of Superior Court

Judge

Magistrate (for appeal only)

NOTE TO CLERK: If the petitioner is NOT a recipient of food stamps, AFDC, SSI or is NOT represented by legal services or a private attorney on behalf of legal services, you may ask for additional financial information to determine whether the petitioner is unable to pay the costs.

AOC-G-106, Rev. 1/12

 

© 2012 Administrative Office of the Courts

(Over)

ORDER - DAC INMATES

The undersigned superior court judge of this district finds that the petitioner is an inmate in the custody of the Division of Adult Correction and that the complaint

is not frivolous. is frivolous.

It is ORDERED that

the petitioner is authorized to sue in this action as an indigent. the petitioner is not authorized to sue as an indigent.

the action is dismissed.

Date

Name of Superior Court Judge (Type or Print)

Signature Of Superior Court Judge

CERTIFICATION

I certify that this Petition has been served on the party named by depositing a copy in a post-paid properly addressed envelope in a post office or official depository under the exclusive care and custody of the United States Postal Service.

Date

Signature

Deputy CSC

Assistant CSC

Clerk of Superior Court

NOTE: G.S. 1-110(b) provides: “The Clerk of Superior Court shall serve a copy of the order of dismissal upon the prison inmate.”

AOC-G-106, Side Two, Rev. 1/12

© 2012 Administrative Office of the Courts

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STATE OF NORTH CAROLINA

IN THE GENERAL COURT OF JUSTICE

COUNTY OF ________________

DISTRICT COURT DIVISION

 

______-CVD-_____________

____________________________,

 

Plaintiff

 

 

AFFIDAVIT OF RETURN OF SERVICE

v.

 

 

BY CERTIFIED MAIL

____________________________,

 

Defendant.

 

I, ________________________, the Plaintiff in this action for custody/visitation, being first duly

sworn, depose, say and certify that:

1.A copy of the civil summons and complaint in the above-entitled action was deposited in the U.S. Mail and mailed via certified mail, return receipt requested, to the Defendant.

2.The same was mailed to the Defendant at the following address:

_____________________________________________________________________

3.The summons and complaint were in fact received by Defendant on

_____________________, as evidenced by the attached return receipt.

This is the _____ day of ________________, 20___.

________________________________

Plaintiff’s SIGNATURE

_________________________________

Plaintiff’s Mailing Address

_________________________________

City, State, Zip

_________ County, North Carolina

 

Sworn to (or affirmed) and ascribed before me,

 

this date by ___________________________

 

Date: _____________

 

(Official Seal)

_____________________________________

 

Official Signature of Notary

 

___________________________, Notary Public

 

Notary’s Printed or typed name

 

My commission expires: ______________

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