NC GS 50-13.5: Filing for Custody, Service, and Mediation

To file for child custody in NC, you start a civil action in District Court by submitting a complaint (or a motion, if a divorce or alimony case is already open) to the Clerk of Superior Court in the appropriate county, along with two sworn affidavits and a $150 filing fee. The procedure is set out in North Carolina General Statute § 50-13.5, which governs every custody and support case in the state.¹

Decide Whether to File a New Case or a Motion

Section 50-13.5(b) gives you several ways to raise custody. If no court case involving you and the other parent is pending, you file a standalone civil action for custody. This is the usual route when the parents were never married, or when they are separated but no divorce is in progress.

If a divorce, annulment, or alimony case is already underway, you don’t have to open a second lawsuit. You can join custody with that pending action, bring it up as a cross-action, or raise it by motion inside the existing case. A judge presiding over a pending divorce or alimony matter can even raise custody on the court’s own initiative.¹ Filing a motion in an open case saves an additional filing fee and keeps everything in front of one judge.

Confirm North Carolina Is the Right State to File In

A North Carolina court can only decide custody if it has jurisdiction, and jurisdiction follows the child, not the parent. Section 50-13.5(c)(2) ties custody jurisdiction to the Uniform Child Custody Jurisdiction and Enforcement Act in Chapter 50A.¹

Under § 50A-201, North Carolina has jurisdiction to make an initial custody determination if it is the child’s “home state” on the date the case is filed, or if it was the home state within the six months before filing and a parent still lives here. Home state means the state where the child lived with a parent for at least six consecutive months immediately before the case began. For a child younger than six months, it means the state where the child has lived since birth.²

If no state meets the home-state test, North Carolina can take the case based on “significant connection,” meaning the child and at least one parent have substantial ties here and meaningful evidence about the child’s care exists in this state. This secondary basis only applies when no other state qualifies as the home state.² If the child recently moved from another state, check that state’s residency rules before filing here. Filing in the wrong state wastes the fee and can delay your case for months.

Prepare the Complaint and Required Affidavits

A custody complaint follows the general rules for civil actions in North Carolina. The document should include the full legal names and current addresses of both parents, basic identifying information about the child, and disclosure of any existing custody orders or pending custody cases involving the child in any state.

Two sworn affidavits go with the complaint:

The Servicemembers Civil Relief Act Declaration (AOC-G-250), which addresses whether any party is on active military duty.
The UCCJEA Affidavit (AOC-CV-609), a sworn statement covering the child’s residence history over the past five years and identifying anyone else who may claim custody rights.³

Standardized versions of these forms are available through local Clerk of Superior Court offices and the North Carolina Judicial Branch website.

If you are also asking for child support, you’ll eventually need to submit a Financial Affidavit covering monthly income, paycheck deductions, health and dental insurance costs, childcare expenses, and the children’s basic needs.⁴ Pulling this information together early helps the court apply the North Carolina Child Support Guidelines without delay.

File With the Clerk and Pay the Fee

Once your complaint and affidavits are ready, file the originals plus copies with the Clerk of Superior Court in the county where you plan to proceed. The filing fee is $150, though this amount is subject to change.⁵

If you can’t afford the fee, file a Petition to Sue as an Indigent (AOC-G-106) asking the court to waive it. The Clerk will review the petition and decide whether you qualify.

After filing, the Clerk assigns a case number and issues a Civil Summons. Under Rule 4 of the North Carolina Rules of Civil Procedure, the summons must be issued within five days of filing. It notifies the defendant that they have 30 days after being served to file a written response.⁶

Serve the Other Parent

The other parent must be formally served with the summons and complaint before the court can move forward. Section 50-13.5(d)(1) says service in custody actions follows the same rules as any other civil case.¹

The simplest method is personal delivery by the county sheriff. The sheriff’s service fee is $30 per defendant.⁵ You can also use certified mail with a return receipt. Either way, proof of service must be filed with the court. If the other parent avoids service, you may need to use service by publication or another method authorized by Rule 4.

Once service is complete, the defendant’s 30-day response clock starts. If no response arrives, you can ask the court for a default judgment on your custody or support claims.

Ask for Temporary or Emergency Orders If You Need Them

Custody cases often take months to reach trial, and § 50-13.5(d)(2) lets the court enter temporary orders for custody and support while the case is pending, once the court has jurisdiction over the child. A temporary order handles immediate practical questions, like where the child lives and the visitation schedule, until the court enters a permanent order after trial.⁷

An ex parte order, entered without giving the other parent advance notice, is the exception. Under § 50-13.5(d)(3), a court can enter a temporary custody order before service only if the judge finds one of two things: the child faces a substantial risk of bodily injury or sexual abuse, or there is a substantial risk the child will be removed from North Carolina to evade the court’s authority.⁷

You must provide specific facts under oath to justify the emergency. Vague allegations won’t meet this standard. If the judge grants the order, the other parent must be served promptly and a full hearing scheduled. Section 50-13.5 itself does not set a deadline for that follow-up hearing. If the situation involves domestic violence and you also seek relief under § 50B-2, the hearing must occur within 10 days of the ex parte order.⁸

Expect Mandatory Custody Mediation Before Trial

This is the step most people don’t see coming. North Carolina requires mediation in virtually every contested custody or visitation case before it can go to trial. Under § 50-13.1(b), whenever a court sees that custody or visitation is disputed, the case gets referred to the court’s custody mediation program.⁹

The program is free. An orientation session is usually scheduled within 30 days of referral. Mediation covers only custody and visitation; the mediator cannot address child support, alimony, or property division. Discussions are confidential, and the mediator will not share what either party says with the judge or attorneys, with narrow exceptions for unreported child abuse, threats of harm, or witnessing a crime.⁹

If you reach an agreement, the judge reviews it and, if appropriate, signs it as a court order. If mediation fails, one party schedules the case for trial.

A judge can excuse the parties from mediation for “good cause,” but it isn’t automatic. You must file a motion asking for a waiver. Recognized reasons include allegations of domestic violence or child abuse, alcoholism or drug addiction, severe psychological problems, or living more than 50 miles from the courthouse. An agreement to use private mediation instead also qualifies.⁹

How the Judge Will Decide

Every custody determination in North Carolina comes down to one question: what arrangement serves the child’s best interests? Under § 50-13.2(a), the court considers “all relevant factors,” with specific emphasis on acts of domestic violence between the parties, the safety of the child, and the safety of either parent from domestic violence by the other.¹⁰

North Carolina gives judges broad discretion rather than a fixed checklist. In practice, the court weighs each parent’s living situation, the child’s relationship with siblings, school stability, and each parent’s willingness to support the child’s relationship with the other parent. Evidence of domestic violence is front and center.

The statute also addresses electronic communication. When a judge grants visitation that includes video calls or similar technology, the court considers whether it serves the child’s best interests, whether both parents have affordable access to the needed equipment, and any other relevant circumstances.¹⁰

If a Custody Order Already Exists

If a court has already entered a custody order in your case, you don’t file a new lawsuit to change it. Under § 50-13.7, either parent or any interested party can file a motion to modify the existing order by showing that circumstances have changed since the order was entered.¹¹ The request is a “motion in the cause,” filed in the same case file as the original order.

The statute doesn’t define exactly what qualifies as changed circumstances, and courts have worked that out through case law. Changes that directly affect the child’s well-being carry far more weight than changes in a parent’s preferences. A parent relocating out of state, a documented pattern of substance abuse, or a significant shift in the child’s needs are the kinds of developments courts take seriously. If the original order came from a North Carolina court, the state keeps jurisdiction to modify it as long as at least one parent or the child still lives here.²

1
North Carolina General Assembly. North Carolina General Statutes 50-13.5 – Procedure in Actions for Custody or Support of Minor Children
2
North Carolina General Assembly. North Carolina Code 50A-201 – Initial Child-Custody Jurisdiction
3
Legal Aid of North Carolina. File It Yourself Custody Packet in North Carolina Courts
4
North Carolina Judicial Branch. Financial Affidavit – Form 30C
5
North Carolina Judicial Branch. Complaint for Custody and/or Visitation – Section: STEP 2 Filing the Documents
6
North Carolina General Assembly. North Carolina General Statutes Chapter 1A – Rules of Civil Procedure
7
North Carolina General Assembly. North Carolina Code 50-13.5 – Procedure in Actions for Custody or Support of Minor Children
8
North Carolina General Assembly. North Carolina General Statute 50B-2 – Institution of Civil Action; Motion for Emergency Relief; Temporary Orders; Temporary Custody
9
North Carolina Judicial Branch. Custody Mediation
10
North Carolina General Assembly. North Carolina Code 50-13.2 – Terms of Custody; Visitation Rights of Grandparents
11
North Carolina General Assembly. North Carolina Code 50-13.7 – Modification of Order for Child Custody or Visitation