North Carolina Custody Complaint
A Complaint for Child Custody is a request to the Court for an Order establishing who can make decisions for a child(ren) and what type of custodial/visitation schedule should be followed by the parties. Below are the facts which must be alleged in such a Complaint.
What type of custody are you seeking?A request for Temporary Custody is a request for a Custody Order which is temporary in nature and acts as a placeholder until the permanent order is entered. A temporary order may be modified at any time.
A request for Permanent Custody is a request for a Custody Order which is more permanent in nature, in that it will not be modified until a party can prove that there has been a substantial change in circumstances which affects the welfare of the minor child(ren).
A request for Sole Legal Custody is a request for the Court to allow you to make major decisions for the child (i.e., school placement, primary physician, extracurricular activities, major dental treatments, etc.), without needing to get the consent of the other party.
A request for Joint Legal Custody is a request for the Court to order that both parties must be consulted with and make decisions together.
A request for Sole Physical Custody is a request for the child(ren) to reside with one party only.
A request for Primary Physical Custody is a request for the child(ren) to reside primarily with one party.
A request for Joint Physical Custody is a request for the child(ren) to reside with both parties.
General InformationName and residential county of each party; Date of marriage, separation and divorce (if applicable); Name and birth date for each child; Current custodial arrangement; Where each child has lived (and with whom) for the past 5 years; Whether the parties have had prior custody actions involving the child(ren); and any other potential parties who may have an interest in the physical custody of the child(ren)
Specific InformationWho is a fit and proper person to have custody of the child (and why); Specific facts that support your requests and allegations (i.e., Who takes care of the children's physical, educational, dental, psychological needs, and how; How is the child doing; What concerns do you have about the other party's ability to parent the child (and the basis for your concern; etc.); Any other facts relevant for the judge to know about what is in the child's best interest
Additional InformationFinally, there must be a summation about what it is that you are asking the court to do (typically called the "wherefore" clause); and the Complaint must be verified (signed under oath, in the presence of a Notary)