Aydlett, NC asked in Child Custody and Family Law for North Carolina

Q: I am going thru custody/ visitation I have no lawyer and have no idea how to file a request for civil action hearing

I need help and can’t afford an attorney

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1 Lawyer Answer
Angela McIlveen
Angela McIlveen
  • Divorce Lawyer
  • Charlotte, NC
  • Licensed in North Carolina

A: In a child custody case, the plaintiff would file a complaint which would be served on the defendant. The defendant would file an answer to the complaint which would be mailed to the plaintiff.

Depending on where you live, the next step could be to file a motion for temporary custody and schedule a temporary custody hearing. The motion and the notice would be served on the other party by mail. In some counties, you need to attend court-ordered child custody mediation before filing for temporary custody. You may also need to do some discovery to gather evidence for your hearing. The temporary custody order would remain in place until you resolve the case by agreement in mediation or you have a child custody trial and the court enters a permanent custody order. You can find the local rules for the county you are in by visiting the court's website. https://www.nccourts.gov/

When you represent yourself you are treated the same as an attorney. You will need to understand the rules of civil procedure and evidence. You can find some information on Legal Aid's website. You can also visit the court's website for family law https://www.nccourts.gov/help-topics/family-and-children to get more information.

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