How To Modify Child Custody
This guide provides a list of documentation and instructions necessary to file a motion to modify child custody in Wake County, North Carolina.
NECESSARY DOCUMENTS1. Motion to Modify
2. Affidavit as to Status of Minor Child (AOC-CV-609)
3. Custody Mediation Cover Sheet (WAKE-DOM-06)
4. Order to Attend (WAKE-DOM-07)
5. Affidavit re: Servicemembers Civil Relief Act
COMPLETE & FILE YOUR DOCUMENTS1. Hand write or type your documents.
2. Make sure your verifications for both your Motion to Modify and your Status of Minor Child (AOC-CV-609) are signed in the presence of a notary public.
3. Pay the filing fee, if any.
4. File your original plus three copies.
5. Take your Custody Mediation Cover Sheet (WAKE-DOM-06) and Order to Attend (WAKE-DOM-07) to room 620 on the 6th Floor of the Wake County Courthouse. They will provide you with a date for your Custody Mediation Orientation.
SERVING THE OTHER PARTYService is required as set forth in Rule 5 of the North Carolina Rules of Civil Procedure. This rule is readily available online, and I suggest you read it. However service under Rule 5 can generally be achieved on the other party's attorney, if they have one, or on the party, if they do not, by either handing the papers to them directly or by mailing the papers to them by regular first class mail. Please read the rule for additional details.
CUSTODY MEDIATIONRule 8 of the Tenth Judicial District Family Court Rules for Domestic Court sets forth the procedures involved in Custody Mediation. A copy of those rules are available online. You can also call the Custody Mediation Office at 919-792-4425.
SETTING A DATE FOR HEARINGRule 3 and 4 of the Tenth Judicial District Family Court Rules for Domestic set forth the procedures involved in scheduling your hearing on your motion to modify. A copy of those rules are available online.
If the Defendant does not file a responsive pleading you will need to file an SCRA, which is an affidavit pertaining to the Servicemembers Civil Relief Act. This affidavit must be notarized.
HEARING ON YOUR MOTION1. Calendar call is at 9:00am on the date set forth in your Calendar Request (WAKE-DOM-04) and Notice of Hearing (WAKE-DOM-01). You will probably want to get to your assigned courtroom fifteen minutes before calendar call. Be sure to allow yourself enough time to find parking and to get to your assigned courtroom.
2. At calendar call the judge will go through all of the cases assigned to that particular courtroom on that particular day. Depending on where you fall on the calendar and all the other cases on the calendar that day, your case may or may not get heard. If you are not going to be reached you will be assigned a new court date.
3. After the conclusion of your hearing, the judge will render his or her ruling. It is also possible that the judge will take the evidence under advisement and rule at a later date.
CUSTODY ORDERIf both parties are unrepresented, the judge will prepare the Order. However, if either or both of the parties are represented by counsel, the judge will assign preparation of the order to one of the attorneys.
Once a draft of the order has been completed and both parties have had a chance to review the proposed order and agree to its terms, the order will be submitted to the judge for signature. Once signed by the judge, the order will be filed with the Clerk of Court and will then be enforceable by the contempt powers of the court. If you are the prevailing party, you will be required to serve the filed order on the Defendant.