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Filing for Custody: What forms are required and where to get them

Authored By: Legal Aid of North Carolina LSC Funded

What forms are required and where to get them

At a minimum you will need the following forms:


Civil Summons

Domestic Civil Action Cover Sheet (in many counties)

If you are unable to afford the filing and service fees, you will need a Petition to Sue/Appeal/File Motions As An Indigent.

In some situations, where the children have lived in many different places and with many different people over the past five years, you may also need to file an Affidavit As To Status of Minor Child for each child involved in the court case.

The North Carolina Administrative Office of the Courts maintains an online set of fillable forms, including the Civil Summons, Cover Sheet, Petition, and Affidavit.  The Administrative Office of the Court forms do not include a Complaint form.

Some courts require additional forms that are not included in the packet or the online interview.  The court clerk will give you any additional forms you need.

Some counties have their own packets of custody forms.  If you are filing in one of these counties, you may get a copy of the packet at the clerk's office:  Buncombe County, Mecklenburg County.  There may be a small fee.

Last Review and Update: Feb 27, 2014