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The packet guides parents through when and where to file a custody or visitation action in North Carolina courts, outlines required court forms, and provides instructions for filing, serving the defendant, and responding with an answer and counterclaim. 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Box 26087  \nRaleigh, NC 27611  \nDISCLAIMER: This packet has been prepared for general Information purposes only. This information is not legal advice. Legal advice is dependent upon the specific circumstances of each situation. Also, the law may vary from state to state, so that some information in this packet may not be correct for where you live. The Information contained in this packet is not guaranteed and the information contained in this packet cannot replace the advice of a competent attorney licensed in your state.  \nThese materials are not for everyone!  \nCONSULT WITH AN ATTORNEY IF ONE OF THESE SITUATIONS APPLIES TO YOU:  \nThe children have lived in North Carolina less than 6 months; OR One parent or a child lives outside North Carolina; OR  \nThere has been another custody case involving these children; OR There has been domestic violence*; OR  \nThere has been a Juvenile Court case involving these children; OR  \nDSS Child Protective Services has placed these children with someone else; OR  \nThe children live with someone who is not their parent; OR  \nOne parent is in the military.  \n*If you or the children are victims of domestic violence, contact your nearest Legal Aid office or the Legal Aid Helpline at 1-866-219-5262.  \nTABLE OF CONTENTS  \n\"File It Yourself Custody Packet in North Carolina Courts\"  \n(For Parents)  \nI. Custody Law and Definitions  \nII. Where do I file a Custody or Visitation Action?  \nIII. Forms:  \n1. Complaint  \n2. Civil Summons  \nForm AOC-CV-100  \n3. Domestic Civil Action Cover Sheet  \nForm AOC-CV-750  \n4. Petition to Proceed as an Indigent  \nForm AOC-G-106  \n5. Affidavit as to Status of Minor Child  \nForm AOC-CV-609  \n6. Servicemembers Civil Relief Act Declaration  \nForm AOC-G-250  \nIV. Instructions for Filing your Custody/Visitation Papers  \nV. Instructions for \"serving\" the defendant, and form (\"Affidavit of Return of Service by Certified Mail\")  \nVI. Defendant's Answer and Counterclaim  \nVII. Mediation  \nVIII. Conclusion  \nI. Custody Law and Definitions  \nIn North Carolina, the law gives judges in the district courts the right to decide who has custody of minor children. Once a custody case is filed, the Judge has the power to make the decision about where the child lives and who will get to make decisions for the child.  \nThe Judge, in trying to figure out who should have custody and/or any visitation, will try to decide what is in the \"best interest of the child.\"  \nIn deciding what is in the best interest of a child, a court may consider things such as who provides the day-to-day care of a child, who interacts with a child’s teachers, who attends doctor visits, who provides supporting and enriching activities for the child, who knows the child’s likes and dislikes, and who makes sacrifices for the child.  \nThe Judge will look at all the information affecting the child's life to make certain his/her decision is based on the best interest of the child. It is important that you raise all the facts that will assist the Judge in making his/her decision.  \nThere are two main types of custody: \"Legal Custody\" and \"Physical Custody.\"  \nWhat is “Legal Custody”?  \nThe  parent(s) or person(s) who make the  major decisions in the child's life (such as decisions about health/healthcare, education, and religious upbringing) have \"legal custody.\" The child does not have to live with the parent or person who has legal custody. The Judge may give legal custody to two people jointly (\"Joint Legal Custody\"), or one person may be given the primary responsibility to make major decisions for the child (\"Primary Legal Custody\").  \nWhat is “Physical Custody”?  \nThe parent or person who has actual, physical care of the child has “physical custody.\" Again, the Judge may give ph","cbCaia08Msj70eUa","https://ap.wps.com/l/cbCaia08Msj70eUa","pdf",1677019,34,"English","# Custody Law and Definitions\n## Best interest of the child\n## Types of custody: legal and physical\n## Visitation\n## Plaintiff and defendant\n# Where to file a custody or visitation action\n# Forms\n## Complaint\n## Civil Summons\n## Domestic Civil Action Cover Sheet\n## Petition to Proceed as an Indigent\n## Affidavit as to Status of Minor Child\n## Servicemembers Civil Relief Act Declaration\n# Instructions for filing custody/visitation papers\n# Serving the defendant and return of service\n# Defendant's answer and counterclaim\n# Mediation\n# Conclusion","[{\"question\":\"When will the packet recommend consulting an attorney?\",\"answer\":\"Consult an attorney if the children have lived in North Carolina less than 6 months; if a parent or child lives outside North Carolina; if there was another custody case; if domestic violence exists; if there is a Juvenile Court case; if DSS placed the children elsewhere; if the children live with someone other than their parent; or if a parent is in the military.\"},{\"question\":\"What does legal custody mean in North Carolina?\",\"answer\":\"Legal custody is the right to make major decisions about a child’s life, such as healthcare, education, and religious upbringing. The child does not need to live with the person who has legal custody, and legal custody may be joint or primary.\"},{\"question\":\"What is physical custody and how is visitation handled?\",\"answer\":\"Physical custody is actual, day-to-day care of the child. The court may order joint physical custody, or primary physical custody with regular contact for the other parent or relative. Visitation is the time a person without primary physical custody spends with the child, and the schedule depends on factors like the children’s ages, living arrangements, and any domestic violence or child abuse.\"}]","File It Yourself - North Carolina Custody Packet for Parents - Court Forms and Filing Instructions | PDF",1789515520]