Document 6455899

PRO SE
CHILD
CUSTODY/VISITATION
INSTRUCTION PACKET
AN EDUCATIONAL SERVICE PROVIDED BY
LEGAL AID NC
ZA4
LEGAL AID OF NORTH CAROLINA, INC.
WINSTON-SALEM OFFICE
336-725-9162
Serving Alleghany, Ashe, Davie, Forsyth, Iredell, Stokes, Surry, Wilkes
and Yadkin Counties
United
Way
August 14, 2012 Version/Print Out
INSTRUCTIONS FOR
PRO SE CUSTODY/VISITATION PACKET
**CAUTION** YOU MAY NEED THE ADVICE OF AN ATTORNEY!
DISCLAIMER
This packet has been developed as a public service. These materials are designed for
PARENTS who cannot afford to hire a private attorney to enforce his or her
custody/visitation rights. Legal Aid of NC, Inc. makes no assurances that these papers will
enable you to succeed in obtaining custody or visitation. We simply suggest that you try
using these forms and these instructions if you cannot afford to hire a private attorney. If
you need legal advice about other family matters or cannot obtain custody by using these
forms and instructions, we suggest you contact a private attorney or Legal Aid of NC, Inc.
The act of representing yourself in court is called "pro se" representation. While you always
have the right to represent yourself in court, the court process can sometimes be difficult to
understand. Even through you are not an attorney, the court will expect you to know the laws
and behave professionally in court. At any time during the process you can decide that you
want to have the advice and assistance of an attorney. If you want to find an attorney in your
area to assist you, you may call the Lawyer Referral Service 1-800-662-7660 or on the web
at http://www.ncbar.org/NCFindaLawyer.com. The service is available 24 hours/day, 7
days/week and will refer you to an attorney in your location who handles custody and
visitation matters. The attorney will consult with you for a small fee.
Prior to using this packet, you may consult with an attorney for advice about your case, the
law on custody and visitation. You should use these forms only if you are the parent of the
minor child.
You should not use these forms if you are not the minor child's parent, if you have
concerns that the other parent is unfit, or if the other parent has abused you or the
children. Instead, you should consult an attorney.
This packet is designed to guide you in pursing a court order for custody/visitation with your
child on your own - without the assistance of an attorney. It does not constitute legal advice.
This packet also does not imply that Legal Aid of NC, Inc. has agreed to represent you or
provide you with further advice or counsel. Attached you will find the forms necessary to
file a court action for custody/visitation of a child in North Carolina. These instructions
should assist you in completing these forms, initiating, and completing a court action for
custody/visitation.
The United States Constitution gives parents the right to the care, custody, and control of
their minor child. In a dispute between the child's mother and father, each parent's rights are
equal. If you and the child's other parent cannot agree to an arrangement for the child, a
judge can make these arrangements for you. In North Carolina, the law that governs custody
and visitation is found in Chapter 50 of the North Carolina General Statutes.
Assuming that both you and the other parent are fit parents, the court must make up an order
that meets the best interests of the child. More often than not, the court designates a "primary
caretaker" who is the parent with whom the child mostly resides, and a "secondary
custodian" with whom the child visits.
This packet does not provide information or forms to handle the issue of child support. If you
have questions about your child support obligation please contact your local Child support
Office. In North Carolina the issues of child support and visitation are independent. This
means whether or not you are having visitations with your child, you still must financially
support your child.
FREQUENTLY ASKED QUESTIONS REGARDING CHILD
CUSTODY/VISITATION
Question: What is the fee for filing for custody? Normally, thee fee is $150.00 and $30.00
for service. you may not have to pay this fee. See Step Number 4 below.
Child custody, visitation, and support issues can be difficult and highly emotional for
everyone involved in such court cases — children, parents and other family members,
attorneys and judges. Fortunately, North Carolina laws provide a structure through which
these matters may be resolved and allow for changes when appropriate. Unfortunately, some
families sometimes have misconceptions about such child custody laws. Below are some
frequently asked questions about North Carolina's child custody, visitation, and support law.
Question: What are the different kinds of custody?
There are three types of custody: joint legal custody, shared custody, and full custody. Joint
Legal Custody means you and the other parent have the same rights regarding decision
making for the child as well as access and information about the child. It does not mean you
get to spend equal time with the child. If both you and the other parent are fit, you can ask
the judge for Joint Legal Custody. Shared Custody means both parties have equal physical
sharing, care, control and decision-making related to a child or children. Each party has the
child for at least 123 overnights. Full Custody means that one person is the only legal
guardian of the child and the only person that is entitled to make decisions or speak on behalf
of the child. Full Custody is hard to get if the other party contests your case. In order to get
it, you will have to show that the other parent is unfit. Full custody will be easiest to get if
the other party will agree or does not show up.
Question: Will custody automatically be granted to a child's mother?
Custody is not "automatically" granted to anyone. In North Carolina, the court uses the "best
interest of the child" standard in deciding custody cases. The judge generally awards custody
based on his/her analysis of what environment best nurtures the child's physical, mental,
moral, emotional and spiritual development. The "best interest" standard is flexible. It
allows the judges to develop creative solution to important and complex issues, while at the
same time acknowledging the uniqueness of children and their family situations. Custody
orders also include visitation provisions. Using the "best interest" standard, the judge
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decides when/if, where, and with whom visitation is appropriate. Grandparents whose
grandchildren are involved in a custody action may also ask the court for a visitation ruling.
Question: I don't think my daughter and son-in-law are fit parents. Can I file for custody
of my grandson?
Perhaps so. North Carolina law provides that "any parent, relative, or other person, agency
organization or institution claiming the right to custody of a minor child may institute an
action or proceeding for the custody of such child..." However, North Carolina courts have
traditionally interpreted the law to mean that before a non-parent even has the right to file
custody papers, he/she must show that a parent-child relationship exists between him/her and
the minor child. Grandparents generally have the right to file custody papers, but they
usually must also claim that the child's parents are unfit parents.
Question: My soon-to-be ex-husband was physically abusive towards me during our
marriage. I am filing for permanent custody of our two sons, and I don't want him to see
them because he doesn't deserve to. Will the court grant my request?
Traditionally, the Court is reluctant to completely deny a parent's visitation rights, even when
there has been a history of domestic violence involving the parents. The Court will usually
completely sever a non-custodial parent's visitation rights only when visits would jeopardize
the child's safety and welfare or when the non-custodial parent has given up the right to
visitation because of his/her conduct (for example, the parent committed a crime against the
child).
The Court usually takes into account the existence of domestic violence and fashions
visitation provisions in a way that protects the children and the victim of the domestic
violence. If there are concerns about the non-custodial parent's parenting skills, the judge
has the discretion to order that his/her visits with the child be supervised by the local
Department of Social Services or another appropriate person or agency.
Question: Do I have the legal right to deny visitation to my children's father when he gets
behind on his child support payments? Does he have the legal right to withhold support If
I refuse to let him visit?
Contrary to perhaps popular belief, the right to visit with one's child is not determined by
how much child support is paid by the non-custodial parent. The appropriate and legal way
to address the problem is to bring the non-complying parent before the court in a civil
contempt proceeding. The non-custodial parent has to "show cause" why he/she should not
be held in contempt of the custody/support order.
Question: Once a court order is entered regarding custody, visitation, or support, can it
ever be changed?
Yes. In general, a party involved in a child custody, visitation, or support action can ask the
Court to change a court order at any time. The party must show the Court that because there
have been significant changes in the circumstances which affect the child's welfare, there is
justification for having the Order changed. Examples of "changed circumstances" which
might affect a child's welfare include changes in employment, health, finances, marital
4
status, or educational status. Once the Court determines that there is a significant change of
circumstances, it must then decide what is in the "best interest of the child."
Question: If I move to another state with my children and want to file for custody, do I file
in North Carolina or the other state?
It depends. Most states require an individual to live in that state for a certain amount of time
before he/she is allowed to file a civil cause of action, such as a custody matter. In North
Carolina, for example, a child and/or his parent must live in North Carolina for at least six
months before the parent can file a custody action. State laws dictate when and where a
person can file an action and when the state courts have jurisdiction to hear and decide such
cases.
Question: Do I have to have a lawyer to request child custody, visitation or support?
Not necessarily. However, with the complexity of such laws, the heavy case loads in the
Courts and the critical importance of such requests, it is helpful to consult with someone who
is trained and aware of such laws prior to requesting a ruling from the Courts. If you cannot
afford an attorney and your income level is at or below 125% of the federally established
poverty income levels, you may quality for free legal assistant from a Legal Services office in
North Carolina.
If you feel that you need an attorney along the way, contact the Lawyers Referral Service,
1-800-662-7660, which is a nonprofit project of the North Carolina Bar Association.
REMINDERS:
•
These materials are designed to assist parents seeking custody/visitation
who cannot afford to hire a private attorney.
•
By teaching this clinic and providing you with these materials, Legal Aid
of North Carolina, Inc., makes no assurances about your success through
the legal process.
•
By teaching this clinic and providing you with these materials, Legal Aid
of North Carolina, Inc., is not representing you as your attorney.
Furthermore, we make no assurances that we will be able to answer
additional questions you may have following this clinic.
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STEP-BY-STEP PROCESS FOR FILING FOR CHILD CUSTODY
STEP 1: OBTAIN DOCUMENTS
(1) You will need the following forms, which are attached to the back of this packet, to
file an action for visitation:
1. Domestic Civil Action Cover Sheet (Page 14)
2. Custody Complaint (Page 15, 16, & 17)
3. Verification (Page 18)
(2) You will also need to obtain these forms from the Clerk's office:
1. Petition to Sue/Appeal as an Indigent (Page 19 - SAMPLE form)
2. Civil Summons (Page 20- & 21 — SAMPLE form)
(3) You will complete these forms with the assistance of the mediator (In FORSYTH
COUNTY ONLY)
1. Notice of Mediation (Page 22 - SAMPLE form)
2. Request to Calendar and Notice of Hearing (Page 24)
3. If applicable, Order for Exemption from Mediation (Page 23)
STEP 2: THE CUSTODY COMPLAINT FORM
(1) At the top of the form, write the name of the county where the court action for
custody/visitation will be filed.
(2) Write your name where it says plaintiff and write the name of the person who is the
other parent or person who has the child as defendant.
(3) Fill in the following numbered paragraphs.
1. The name of the county in which you live.
2. The name of the county where the defendant lives.
3. Your relationship to the defendant [Married? Lived together?'
4. The relationship to the child (ren) (father/mother), the name of the child
(ren), and the child (ren)'s birth date.
6.a. The name of parent with whom the child(ren) currently lives, the name
of the county where the child(ren) currently lives, the name of the parent that
the child(ren) lived with prior to separation, and the county that the child(ren)
lived in prior to the separation.
8. Whether or not the defendant is fit to have custody and why.
9. The name of the person who has physical custody of the child(ren).
3. (second section of complaint) The name(s) of your child(ren).
(4) Write the Day of the month, month, year of when the complaint is being filled out
(5) Your signature
(6) Your address
(7) After you complete the complaint, make 3 photocopies.
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STEP 3: THE VERIFICATION FORM
This form needs to be signed in front of a Notary Public verifying you have read the complaint
and swear the allegations in it are true to the best of your knowledge. Make three copies. Do not
sign this sheet until you are in front of the notary.
(1) Write the name of the county where the action is being filed.
(2) Write your name under "Plaintiff".
(3) Write the name of the person from whom you are seeking custody under
`Defendant".
(4) Write your name in the blank that says "
, being duly sworn..."
(5) Your signature. [The notary will enter the date and also sign the form].
(6) Make 3 copies after form completed.
STEP 4: THE PETITION TO SUE/APPEAL AS AN INDIGENT FORM (USE
WHEN You CANNOT AFFORD TO PAY THE COURT FEES)
The normal filling fee for a district civil court action, including custody and visitation actions, is
$150.00. The normal fee to have the documents served on the other party is $30.00. The court
will waive these fee if you qualify as being a low-income family. If you are qualified for legal
services, you are a low-income family.
(1) Pick up this form at the Clerk's office — sample of form is in this packet. Pick up this
form at the Clerk's office — a sample of this form is in the packet. You can also
access this form online if you have access to the internet. This form and can be
found on the AOC website at http://vvww.nccourts.org under the forms section. Click
on the "Forms" tab at the top of the home page. Then type the form number in the
form number box. Click "Civil" for the category, and "English" for the language.
The form number is always found on the bottom left hand corner of the page. The
form number is AOC-G-106.
(2) Write the name of the county where the action is being filed.
(3) Place a check in the box beside "District."
(4) Write your name under "Plaintiff"
(5) Write the name of the person from whom you are seeking visitation under
"Defendant".
(6) Place a check in the box beside "Petition to Sue".
(7) If you are a recipient of food stamps, AFDC, or SSI, check the boxes accordingly.
(8) DO NOT CHECK THE BOX "I am represented by a legal organization..."
(9) If you do not receive food stamps, AFDC, or SSI, place a check by "Although I am
not a recipient of food stamps..."
(10)
Make a copy of the form.
STEP 5: THE CIVIL SUMMONS AND DOMESTIC CIVIL ACTION COVER
SHEET FORMS
CIVIL SUMMONS
(1) Pick up this form at the Clerk's office — a sample of this form is in the packet. You
can also access this form online if you have access to the internet. This form and can
be found on the AOC website at http://www.nccourts.org under the forms section.
Click on the "Forms" tab at the top of the home page. Then type the form number in
the form number box. Click "Civil" for the category, and "English" for the language.
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The form number is always found on the bottom left hand corner of the page. The
form number is AOC-CV-100.
(2) At the top of the form, write the name of the county where you are filing the action
and check the box for "District Court Division" (The clerk will assign and fill-in the
file number when you file the complaint.)
(3) Put your name and address in the box that says "Name of plaintiff," "Address," and
"City, State, Zip."
(4) Put the name of defendant under "Name of Defendants".
(5) Put the name and address of the person you name above where it says "Name and
Address of Defendant 1."
(6) Place your name and address again where it says "Name and Address of Plaintiff's
attorney."
(7) If the form does not come with carbon paper, then make two copies of the form.
DOMESTIC CIVIL ACTION COVER SHEET
Pick up this form at the Clerk's office — a sample of this form is in the packet
You can also access this form online if you have access to the internet. This form can be
found on the AOC website at http://www.nccourts.org under the forms section. Click on
the "Forms" tab at the top of the home page. Then type the form number in the form
number box. Click "Civil" for the category, and "English" for the language. The form
number is always found on the bottom left hand corner of the page. The form number is
AOC-CV-750.
(8) At the top of the form, write the name of the county where you are filing the action.
(The clerk will assign and fill-in the file number when you file the complaint.)
LEFT SIDE OF FORM
(9) Put your name and address in the box that says "Name of and Address of Plaintiff 1"
Put the name of defendant under "Name of Defendant 1"
(10)
(11)
Check the box that says "Summons Submitted"
Check the box that says "Counsel for all Plaintiffs" Write "Pro Se" on the line.
(12)
Check "No" in the box that says "Jury Demanded in Pleading?"
In the box that says "TYPE OF PLEADING", check "Complaint (COMP).
(13)
RIGHT SIDE OF THE FORM
Place your name and address again where it says "Name and Address of Attorney
(14)
or Party." Write "Pro Se" next to your name.
Write your telephone number and cell phone number if you have one.
(15)
Don't write anything in the box that says "NC Attorney Bar No."
(16)
Cross out the word "Attorney" in the next box and write your e-mail address if
(17)
you have one.
Check the box that says "Initial Appearance in Case"
(18)
Don't check the box that says change of address unless you are submitting a new
(19)
form at a LATER date to alert the court that your address has changed. If so, fill out
the form in the same way and then check this box and file it with the court at that
time.
Don't write anything in the box that says "Name of Firm"
(20)
Write in your fax number if you have one in the box below.
(21)
In the box that says "CLAIMS FOR RELIEF FOR:" check "Custody (CUST)
(22)
Date and sign your name.
(23)
If the form does not come with carbon paper, then make two copies of the form.
(24)
STEP 6: THE NOTICE TO ATTEND MEDIATION FORM - OR - ORDER FOR
EXEMPTION
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In North Carolina, most courts require that prior to a custody hearing, the parents attend custody
mediation. If you are not filing in Forsyth, ask your county clerk about your county's mediation
program. If you cannot afford to pay the mediator, you can ask the Court to waive your fees.
If you are filing in Forsyth, the mediator is Adam Hurt (phone: 779-6613) and below are the
instructions (FOR FORSYTH FILINGS ONLY!):
(1) You will fill out the mediation form and be given a time for your mediation
orientation by the mediator when you go to the courthouse.
(2) The mediator may also go ahead and schedule a court hearing date in case mediation
fails.
(3) The easiest way to schedule mediation is to call Adam Hurt 1-2 days before you plan
to file the custody papers. You should arrange file your custody papers and meet
with the mediator on the same day and thus do the filing and scheduling ALL AT
ONCE. This also helps because the Sheriff's Department will serve ALL the papers
on the other party ALL AT the SAME TIME. If you do not do this, then you will
have to return to the courthouse another day to schedule the date and then you must
also mail copies of all mediation papers to the opposing party.
If you are a victim of Domestic violence, you can apply to the Court for a waiver of the mediation
requirement by filling out the Order for Exemption from Mediation.
(1) This is also done through the mediator — see above instructions to schedule time with
the mediator to file for an Exemption.
(2) Write the name of the county where the action is being filed.
(3) Write your name under "Plaintiff'
(4) Write the name of the person from whom you are seeking custody under
"Defendant".
(5) Explain why you want the waiver [describe any violence in your relationship with the
Defendant, and include Defendant's criminal record if applicable]
(6) Sign and date this form.
(7) Make two copies.
STEP 7: FILE THE FORMS
(1) Take the Domestic Civil Action Cover Sheet, Complaint, Verification, Petition to
Sue/Appeal as an Indigent, Civil Summons, and all of the copies made to the Clerk of
Courts for the county in which you live. YOU NEED THE ORIGINAL AND
TWO COPIES OF EVERY FORM.
(2) Give the Petition to Sue/Appeal as an Indigent to the clerk. The clerk will usually
decide whether or not you have to pay the fees right then. In some counties the clerk
will ask you to fill out another form giving more details about your income and
property.
(3) After the clerk determines whether you will have to pay the filling fee, the clerk will
stamp all the forms. The clerk will also put the file number on all of the forms. Keep
one copy of the forms for yourself. Don't lose these important papers. The clerk
will put the originals in the court file. The other copies are for the Defendant. These
forms need to be officially delivered, or "served" on the Defendant.
The
Sheriff delivers the Civil Summons and Custody/Visitation Complaint along
(4)
with the Defendant copies to the person named as the Defendant in this matter. Tell
the clerk that you want the sheriff to serve the papers, and the clerk will tell you
9
where to take them. (If the defendant lives out of the state, before filing the complaint
call the sheriff in the county where the individual lives and ask about the fee for
services.) The defendant must be served within 30 days after you file the
complaint at the clerk's office. If you cannot get them served in that time, you
need to file a new summons called an alias and pluries summons. You can obtain
new summons at the clerk's office. They are the same forms as the original
summons, just check the box marked alias, pluries. The Sheriff charges a $30.00, fee
for serving papers, but if you qualified to have your court, fees waived, you will also
qualify to have these fees waived.
(5) After the other party is "served" the court papers, they have 30 days to respond to
your complaint with a document called an Answer and/or Counterclaim. In the
Answer, they will tell the court if they think what you a said is true or false. In the
Counterclaim, they will tell the court what they want in regards to custody. If you are
sent an Answer and Counterclaim, you have 30 days to Reply. If you are served with
a counterclaim, you should file a reply. Write a letter to the court, file it (like you did
the complaint) and send a copy to the other side. You can send it through the regular
mail. In your reply, you should state whether each paragraph of the counter claim is
true or false.
(6) You may schedule your mediation prior to the end of the 30 days — in fact, as stated
above, you should schedule it on the day you file the custody papers.
(7) Thirty days after the summons has been served, you can have the clerk put your case
on the court calendar for hearing. You ONLY need to schedule for hearing IF the
judge waived mediation for you OR if mediation failed. The clerk may give you
forms that will need to be filled out which you will give to the clerk and mail copies
to the other party. Your court date must be more than thirty days after the sheriff has
served the papers
STEP 8: MEDIATION (IF APPLICABLE)
(1) In North Carolina, most courts require that pnor to a custody hearing, the parents
attend custody mediation. Ask your county clerk about your county's mediation
program. If you cannot afford to pay a mediator, you can ask the court to waive your
fees.
(2) In mediation, you and the other parent will meet with a neutral third person who is
trained to assist parties in finding agreements. If you and the other party can come to
an agreement with the assistance of a mediator, the mediator will give you a consent
judgment for you to sign and bring to the court for the judge's signature.
STEP 9: THE REQUEST TO CALENDAR & NOTICE OF HEARING FORM —
USE ONLY WHEN SCHEDULING HEARING (WHEN MEDIATION HAS BEEN WAIVED BY THE
JUDGE OR WHEN MEDIATION FAILED)
** In Forsyth, the mediator may assist with scheduling this at the time of mediation.
Write the name of the county where the action is being filed.
Write your name under "Plaintiff'
Write the name of the person from whom you are seeking custody under
"Defendant".
(5) Sign and date this form [include your address under your signature].
(6) The Clerk will give you the information pertaining to the place, date, and time of the
hearing.
(1)
(2)
(3)
(4)
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(7) Make three copies.
STEP 10: PREPARING FOR THE HEARING
See attached sheet —"Tips on Self-Representation"
(1) BE EARLY for the court time.
(2) WEAR PROPER Clothing. When appearing before court, you should dress
appropriately. When dressed appropriately, you will make a better impression on the
judge, and the courts will take you more seriously. Proper clothing for court is your
"Sunday best."
STEP 11: THE HEARING
(1) Ask the clerk when calendar call is to be called for your court date. A Calendar Call
is when the court will call the names of the parties who have a hearing before the
judge that day, week, or month. When the Clerk calls your name, answer by saying
"Here" or "Present." If the person who you are bringing the action against is not
before the court, the judge may ask you questions concerning the individual's
absence. Only answer the questions that the judge asks you. Do not address the
issues of your case to the judge at calendar call. At the calendar call the court will
set the order of cases for the term. This way you will have a better idea when the
court will hear your case. Note: In many courts calendar call may be on a different
day than your hearing.
(2) Follow the Bailiff's instructions. When you are called before the judge, you and all
of your witnesses should go to the table that the Bailiff (officer) directs you. Then
you will be sworn in. While being sworn in, place your left hand on the Bible, raise
your right hand, and repeat the oath. If you do not wish to swear on the Bible, you
may ask to take affirmation, which is an oath to tell the truth.
(3) The Actual Hearing. The judge will tell you that although you do not have an
attorney you will be held to the standard of an attorney when presenting your case.
You will have to call witnesses and offer evidence to the court to show that you are
entitled to visitation. The Judge will want to hear from you about the following
things:
1. Who are you
2. Where you live and the condition of your home
3. Where you work
4. What kind of relationship do you have with the minor child
5. What you and the child do together for fun
6. Why you should have custody
7. What schedule you would like for your spouse's visitation
(4) You may need to call witnesses. The judge will tell you when you may call your
witnesses. When you call a witness to the stand (including yourself), have the witness
state their full name and the relationship that they have with you or the child, before
asking any other questions. When asking questions of your witness, make sure that
you have prepared specific questions. You cannot let a witness take the stand and
just let them have their say.
(5) You may also need to present evidence to the judge. It is always helpful to the judge
if you bring
a. Pictures of you and your child together,
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b. Pictures of your home,
c. Pictures your child drew for you, and
d. You may also want to bring other significant documents such as grade
reports.
(6) When presenting evidence to the judge say, "I would like to present into
evidence..." Do not approach the judge with your evidence. Wait for the judge to
tell you that you may approach him or the Bailiff, then present the evidence to the
judge or the other party.
(7) The other party will have an opportunity to cross-exam your witness after you have
finished questioning your witness. You will also have the opportunity to crossexamine the other party's witnesses. DO NOT attempt to cross-examine the other
party's witness until the judge informs you that you may do so. When questioning
the other party's witness, always be respectful.
(8) If the Judge wishes to ask you questions, answer them accordingly. When
addressing the judge, call the judge "Your Honor, "sir" / "madam". Speak to
the judge only when spoken to. The judge may also wish to ask questions of your
witness. When both parties have presented all of their witnesses and evidence, the
judge will determine your custodial rights. While making the determinations, the
judge may ask you further questions about where and when visitations can be done.
Answer the judge's questions accordingly.
STEP 12: AFTER THE HEARING
(1) OBTAIN A COPY OF THE JUDGE'S DECISION. It may be that the Court wants
you to write the order, so that the judge can sign it. If so, it will be easiest to see an
attorney about helping you write it. Otherwise, within a week of the hearing, the
judge will have written down his/her oral decision in the form of an order. This
written order is what you and your spouse must obey, rather than what the judge said
in court. If a copy is not sent to you within a week of the hearing, go to the Clerk's
office and request a copy. There may be a small copying charge for this. Keep your
custody order in a safe place, since you will want to refer to it to make sure that the
other party obeys it.
(2) DO NOT FIGHT OVER MINOR VIOLATIONS. Try to work with your spouse in
following the custody/visitation order. Be reasonable. If occasionally your spouse
does not have the child ready promptly for visitation, or will not let you see your
child one weekend because the child is sick, do not make a big deal over it. Instead
politely ask for another visit to make up for the missed weekend.
(3) If a major violation occurs, do the following:
1. Start Keeping a Visitation Log. If the other party violates the order start
keeping a list detailing each violation. For example, "May 12, 2002 9:00
a.m.- denied visitation. Claimed daughter was spending night with a
friend.
2. Write the other Party a Letter. If the violations are serious and repeated,
write a polite, but firm, letter to your spouse. In the letter list each
violation by referring to the information in your log and explain why
they violate the order. Threaten to return to court if the other party
continues to violate the order, enclose a copy of the current custody
order. Keep a copy of your letter.
3. Return to Court if the other party continues to Violate the Order. The
usual procedure when the other party continues to seriously violate
12
court's order is to set up a "contempt hearing." This is a difficult
procedure, and you should probably have the assistance of an attorney if
you decide to schedule a contempt hearing.
TIPS ON SELF REPRESENTATION
(Our thanks to Maricopa County, AZ and Fulton County, GA)
The Court is a very traditional and polite place. When you are representing yourself in Court,
you are trying to persuade a judge or a jury that you are right. Please remember that you must
act, dress, and speak in a way that best presents you and your case to the Court.
When you come to Court, dress as professionally as you can. This means clothes that are
clean and neat. Please avoid shorts, sweat pants, tee shirts with suggestive or obscene
language or other revealing or tight clothing. Please remember to present yourself as
clean and well groomed.
How you act and react is very important. You MUST be respectful of everyone in the
Court. This includes the judge, the Court staff, the other party involved in your case, and
the witnesses. Getting overly emotional, yelling, cursing, or using threatening language
will not aid your presentation to the Court. Always stand when addressing the judge.
Remain seated when questioning witnesses. Before approaching the judge or a witness,
ask permission from the judge.
The Court has a very busy schedule. Be on time for your Court time or any other
appointment about your case! If you are late, your case may be heard without you or be
dismissed. Make sure you bring all of your documents for your case or appointment.
Please remember to stick to the facts of the important or relevant issues of your case — do
not get caught up in unrelated matters that may unwisely use up your time or detract from
your case.
The judge cannot speak to you about your case except when your case is being heard in
Court and/or the other party is present. The judge's staff will help you as much as they
can with questions about the scheduling of your case or whether the judge has decided on
your case. But the staff cannot give you legal advice or recommendations on how to
present your side. Remember to always be polite to the Court staff and be prepared with
any information they may need.
When you represent yourself in Court, get legal advice from a lawyer ahead of time to
make sure you are doing the right thing. Legal advice includes deciding what option is
best for you.
Professionalism
Preparation
Punctuality
Politeness
Remember the 4 P's:
13
CHILD CUSTODY CHECKLIST
❖ Domestic Civil Action Cover Sheet
❖ Complaint AND Verification (original+3)
➢ Plaintiff (you) signs verification (must be notarized)
➢ Plaintiff signs complaint
➢ Original filed in court file
➢ Copy of complaint to Sheriffs Dept. (Civil Process Dept.)
➢ Keep one set of copies for your records
❖ Petition to Sue as Indigent (ONLY if applicable)(original +1)
Plaintiff signs (must be notarized)
❖ Civil Summons (original white +2 yellow)
➢ If approved as indigent, be sure to get "INDIGENT" stamped on original Civil
Summons
➢ Original + one copy to Sheriffs Dept. (Civil Process Dept.)
❖ Mediation Scheduling (see instructions above on Page 8)
❖ Request to Calendar and Notice of Hearing (ONLY IF APPLICABLE) (original + 4-5
copies)
➢ This may be scheduled at time of scheduling for mediation. IF IT IS NOT THEN:
• Fill out the form and leave a copy with Clerk's Office on 2nd floor - they will
deliver a copy to the Civil Calendar Clerk
• Send a copy the other party (or attorney if s/he has one)
14
▪
STATE OF NORTH CAROLINA
In The Genera, CoL-t <Y .,us-.ice
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cc
NORTH CAROLINA )
IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION
CVD
COUNTY )
Plaintiff,
COMPLAINT
V S.
Defendant.
NOW COMES Plaintiff, complaining of the Defendant, alleges and says:
1. Plaintiff is a citizen and resident of
County, North Carolina and
has been for more than six months prior to filing this action.
2. Defendant is a citizen and resident of
County, North Carolina and
has been for more than six months prior to filing this action.
3. Plaintiff and Defendant were lawfully married on or about
County and thereafter separated on or about
Plaintiff and Defendant lived together from
and separated from each other on
4.
, in
, 20
to
, OR
Plaintiff and Defendant are the biological parents of the minor child (ren), namely:
[list child(ren)'s
name, DOB]
5. To avoid controversy between the parties over the custody of the minor child (ren), it
is in the best interest of all parties that the Court make an award of custody of the
child (ren) as well as providing for child support for the use and benefit of the
children.
6. Pursuant to North Carolina General Statutes §§ 50A-201, there exists facts justifying
the Court to assume jurisdiction to determine the custody of the minor child (ren); and
pursuant to North Carolina General Statute § 50A-209, plaintiff respectfully shows
into Court the following required information:
County,
in
a. The minor child (ren) currently resides with
North Carolina, and has since the separation of the parties. Prior to the separation of
16
the parties the minor child (ren) resided with
County, North Carolina;
in
b. Except as to the civil domestic violence protective order cases, Plaintiff has not
participated as a party, witness, or in any other capacity in any other litigation
concerning the custody of the minor child (ren) in this or any other state. There are no
current custody orders outstanding concerning the minor child (ren);
c. Plaintiff has no information of any custody proceeding concerning the minor child
(ren) in a Court in this or any other state, except the domestic violence protective
order cases; and
d. Plaintiff knows of no other person not a party to these proceedings who has physical
custody of the minor child (ren) or claims to have custody or visitation rights to the
minor child (ren).
7. Plaintiff is a fit and proper person to have the care, custody, and control of the minor
child (ren), and it is in the best interest of the minor child (ren) that the minor child
(ren)'s care, custody, and control be placed with the Plaintiff.
8. Defendant is not a fit and proper person to have custody because:
OR-Defendant is a fit and proper person to have visitation. The following visitation
schedule would be best for our child:
9.
presently has physical custody of the minor child (ren),
and it is necessary pending a Court hearing in this case, for the Court to issue an
Order granting temporary custody to avoid controversy between the parties and to
stabilize the situation of the minor child (ren).
WHEREFORE, Plaintiff prays the Court for the following relief:
1. That this verified Complaint be allowed and taken as an Affidavit upon which
the Court may base all of its Orders in this case;
2. That an immediate Order be issued granting temporary care, custody, and
control of the minor child (ren) to plaintiff pending the trial of this case;
17
3. That Plaintiff be awarded the care, custody, and control of the minor child
(ren), namely:
4. That Plaintiff be granted such additional relief as the Court deems just and
proper.
Respectfully submitted this
day of
, 20
Signature of Plaintiff
Copy
18
Name & Address of Plaintiff
NORTH CAROLINA)
)
)
COUNTY )
IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION
CVD
Plaintiff,
VERIFICATION
V S.
C py
Defendant.
, being duly sworn, deposes and says:
That s/he is the Plaintiff in the foregoing Custody Complaint, that the facts set
forth therein are true to his/her own knowledge, except as to those matters set
forth therein upon information and belief, and as to those matters, s/he believes
them to be true.
Signature of Plaintiff
Sworn to and subscribed before me this
,20
.
day of
Notary Public
My commission expires:
19
loor, N•;
STATE OF NORTH CAROLINA
In Tne General Court Ot j-st.ce
Cistnct
Superior CcJrt Division
County
0' ‘,a,r3t--`
PETITION TO SUE/APPEAL
AS AN INDIGENT
VERSUS
G
1 11,)
AFFIDAVIT
;T.Pecx ore- Cl ■
,;-e rive z
•
-
Petition To Sue - As me individual p
in the above ent tied action I affi -m that I an franc aliv unable to advance
the required costs for the prosecut on of this act on Therefore I now petition the Court for an o-de•- allowing me to
bring suit
this action as an indigent
I an' ar ornate in ,he custody cf tt'e DenanTe ,t of Ccrrecuon
Note To Clerk: Y
col< s o ^ecrefi 'z'fr
,root he 5v.077,,%5 C.4 1:: 2 SUceoC•
tras000w,-,,r; pfo,,,cd or vie reverse
— Petition To Appeal - As the ind,v,dual appeilant in the wove entited small c:aims action I affirm that I am f nanrc:a. ly
unable to pay the cost for tne appeal of his action from small clams to otstrict court Therefore I now cenoon the Court
for an order allowing me to appea= this action to d:sloct court as an rdigent
rchec;, ore or more or Ire bwes berov.
; am presently a recipient of
Aid to Fami.ies Wm Dependent Chi dren rAFDCA
foes stamps
— I am recresented by a
indigent persons Cr I
:Attach a letter from'(
Although s am not a re
unable to aavance tne
= Supplementa Security Income cSLS:
SAMPLE
e furnisn no of egal services to
a lege services oroanizat.on
4 icate nelo.w ;
y legal services I am franc ail(
SWORN AND SUBSCRIBED TO BEFORE ME
—
kame
vr,
'7°
Csrs
SEAL
CERTIFICATE OF LEGAL SERVICES)PRQ BONO REPRESENTATION
set\ tces organ zator that ”,as as is primary pi.•pose the
I certify that the aoove named petitione- reoresentea icy a
furnishing of legal services to indigent cersc-s or is reciesen•ea by r:r‘cate counsel workrg or nehal` c.f or under the
auspices of such iega sear des ciganIzatro--,
ORDER
Based on the A"idavit appet-e rig above it is ORDERED that
the cet borer is authorized to br.no suit or to aopea• ,n tr s aot:on as an indigent
the oettic- a denied
•
los.o,o , • CSC'
sr:orn' o-tr.)
NOTE TO CLERK.
be,43(i of /ego, se-vices
the reo,,c,
,-e,
lega , 5erd052 5T orate attomer Cr
a reopen' of fool St3t7tC.S A ,CeS SS or s vat ,spreseneed
one, C urac.e 15 pay ,",e;• zps.s
rie•e-7-,,,r-z, s,,Perher ire
may aot. for Rod.uor,L,
A•C-G-106 Qsy
19‘37 Act..,,tRostrs:srs Office a It7e Court'
20
o. ie No
STATE OF NORTH CAROLINA
County
In The General Court Of Justice
❑ District ❑ Superior Court Division
Name 01 Remelt
Addres
Cry Sure
CIVIL SUMMONS
z„
❑
ALIAS AND PLURIES SUMMONS
G S lA 1 Rules 3, 4
VERSUS
Neme Of Defesoanrlsl
Oate Ongtnal Summons issued
Datelst Subsequent SunAnonslest Issued
To Each Of The DefendantIs) Named Below
Name And Address 01 Defendant I
A Civil Action Has Be
You are notified to a
Name And Address Of Defendant 2
SAMPLE
1 Serve a copy of y
after you have be
plaintiff's last known address, and
sys
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
Dere issued
Name And Address Of Afatnttrt s Attorney id None Address Oi Pletnulf)
Time
❑
AM
❑
PM
Sonoma
❑
n ENDORSEMENT
Deputy CSC
❑ ASYsrenr CSC
❑ Cars 01 Supebo, Court
rime
Dare Of Endotsernent
AM
This Summons was originally issued on the date
indicated above and returned not served At the
request of the plaintiff, the time within which
this Summons must be served is extended sixty 1601
S•gnerute
❑
Drama CSC
❑
ASSISWI CSC
❑ Clerk Of Super.. Court
days
NOTE TO PARTIES
Many counties have MANDATORY ARBITRATION programs in which most cases where the amount in controversy
115 000 or less are heard by an arbitrator before a
teal
The parses will be notified if this Case is assigned for
mandatory arbitration, and if so what procedure is ro be followed
AOC-CV-100 Rev 10101
a 2001 Administrative Office of the Courts
lOve.
21
is
RETURN OF SERVICE
I certify that this Summons and a copy of the complaint were received and served as follows
DEFENDANT 1
Dale Served
rime Soloed
Name 0 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 Or Person Wan Whom Copes Left if corporanon, ae
w tale or person topes On
❑
Other manner of service rspecdo
❑
Defendant WAS NOT served for the following reason
Date 511.,¢0
rn)
sAm—f)LE
❑
By delivering to the defends
❑
By leaving a copy of the sun
above with a person of suite
❑
As the defendant is a corporation , service was effected by delivering a copy of the summons and complaint to the
person named below
dant named
Name And Address 01 Person Wan Wnom Copies Lel r III corporauon plve htle of person copes left wuhl
❑
Other manner of service
❑
Defendant WAS NOT served for the following reason
(specify)
Servtoe Fee Paid
Signature Of Deputy Sherd! Making Return
Dare Received
Name Or Sheriff (Type Or Prrral
bate DI Return
Counly Of Silent,
AOC-CV-100 Side Two, Rev 10/01
o2001 Administrative Office of the Courts
The N.C. General Court of Justice for the County of Forsyth
Notice to Attend Mediation Program Orientation
CVD
Plaintiff,
V S.
Defendant.
)
)
)
)
)
TO THE PARTIES OR THEIR ATTORNEYS OF RECORD:
Pursuant to N.C.G.S. 50-13.1 the above-captioned case has been set for
mandatory mediation of all custody and visitation issues.
Notice is hereby given to the parties to appear on
at
in
in the Forsyth
County Hall of Justice, 200 N. Main Street, Winston-Salem, NC. All parties are required
at this time to participate in an orientation program developed by the Court. PARTIES
WHO FAIL TO COMPLY WITH THIS NOTICE MAY BE SUBJECT TO THE
CONTEMPT POWERS OF THE COURT. Please allow at least two hours for this
program.
The orientation program will focus on the purposes of mediation and the pursuit of the
following goals:
1. To reduce acrimony that exists between the parties to a dispute involving custody or
visitation of a minor child.
2. The development of custody and visitation acreements that are in the child's best
interest.
give the parties
3. To provide t[
the responsib
facilitate the
4. To provide a
parties and
cooperative r
especially the w1111.1 al C. JUUJGLAGLI.
5. To reduce the relitigation of custody and visitation disputes.
SAMPLE
Mediation is an efficient, economical alternative to traditional litigation and provides for
prompt resolution of disputes, and appropriate forum for resolving the complex and
highly emotional issues involved in custody and visitation cases.
INQUIRIES MAY BE DIRECTED TO CUSTODY MEDIATION (336) 761-2092
Notice Dated
FROM: Attorney who calendars the case for group orientation
TO: Each party, and allowing (10) days notice.
23
NORTH CAROLINA
IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION
CVD
COUNTY
Plaintiff,
ORDER FOR EXEMPTION
FROM MEDIATION
VS.
Defendant.
The undersigned Plaintiff requests a waiver of the court ordered Custody and Visitation
Mediation in the above-captioned case based upon the following reasons:
This the
,20
day of
Sign and print name
Plaintiff
This cause coming on to be heard before the undersigned Judge of the District Court
upon the Motion to Waive Court Ordered Mediation and the Court being of the opinion
that said mediation should be waived for good cause shown.
NOW, THEREFORE, mediation is waived for good cause shown
SIGNED this the
20
day of
.
C FY
Judge of the District Court
N.B.: Although Mediation has been waived, you may within 10 days file a request for
mediation.
24
21ST DISTRICT COURT REQUEST of CALENDAR and NOTICE OF HEARING
1
1
[
FILE NUMBER
(PLAINTIFF)
VS.
C
1
(DEFENDANT)
YES
NO
CHILD CUSTODY MEDIATION
HAVE BEEN THROUGH CHILD CUSTODY MEDIATION
HAVE NOT BEEN THROUGH CCM- HAVE BEEN EXEMPT BY JUDGE
LOCAL RULE STATES THAT PARTIES MUST COMPLETE CHILD CUSTODY MEDIATION BEFORE
CHAMBERS HEARING CAN BE SET UNLESS EXEMPT BY THE JUDGE:
ORIENTATION COURTROOM:
ORIENTATION DATE:
TIME:
CHAMBERS HEARINGS: TUESDAY- CALENDAR CALL 9:00 AM
(PLEASE FAX TANYA FISHER'S COPY TO 336-779-6336)
DOMESTIC CASES ONLY: Check each line that applies to the type of motion:
Every week - courtroom 4-H [
]
CUSTODY
SUPPORT
PSS
[
ATTY.FEE
Week 3 & 4 - courtroom 4-C
OTHER MOTIONS:
ESTIMATED TIME OF HEARING:
WEEK REQUESTING:
DBB
1
1
] VISITATION [
ALIMONY
[
]
1 CONTEMPT
[
[ 1
CALENDAR CALL DATE:
( report to courtroom 4-C @ 9:00 am for calendar call, Tuesday prior to week requested )
GENERAL CIVIL
CALENDAR CALL:
TIME: 9:30 AM
COURTROOM — 4C
JURY: f
] NON-JURY: 1
1
TYPE OF MOTION:
WEEK REQUESTING GEN. CIVIL HEARING:
CERTIFICATE OF SERVICE
PRINT (ATTY or PRO SE) NAME.
This is to certify that the undersigned has this date served
[ this pleading upon all other parties to this cause by C
)
[depositing a copy enclosed in a post office of official
[ depository under the exclusive care and custody of the
[United States Postal Service. (
) handing it to the attorney
[or to the party, leaving it at the attorney's office with a partner
[or employee. (
) sending it to the attorney's office by a
[confirmed FAX receipt confirmation, or (
) having
ATTY BAR NO
SIGN NAME.
ADDRESS
[the Sheriff serve the parties.
1
DATE OF SERVICE
PHONE NUMBER'
ATTY FOR. PLAINTIFF [
I OR DEFENDANT [
LIST BELOW THE NAMES AND ADDRESSES OF THOSE SERVED
NAME'
ADDRESS•
ATTORNEY
PHONE NO.
or PRO SE