← FORMVANA NC FORMS
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01
PLAINTIFF (YOUR) INFORMATION
02
DEFENDANT INFORMATION
03
CASE INFORMATION
04
CHILD(REN) INFORMATION
Add each child subject to this custody action. Each child must have resided in NC for 6 months (or since birth) for NC to have jurisdiction (UCCJEA — G.S. 50A-201).
05
CURRENT CUSTODY ARRANGEMENT
06
RELIEF REQUESTED
07
CERTIFICATE OF SERVICE
FILING COUNTY
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OPEN CLAWDE VERSION →STATUTORY REFERENCE
G.S. 50-13.1Who may bring custody action
G.S. 50-13.2Best interest of child standard
G.S. 50-13.2(a)Joint custody — policy
G.S. 50A-201UCCJEA — NC jurisdiction
G.S. 50-13.3Custody — attorney fees
BEST INTEREST STANDARD
- NC courts apply the "best interest of the child" standard — no presumption favoring either parent
- Factors: stable environment, primary caregiver role, each parent's fitness, child's adjustment to home/school/community
- Children 12+ may express preference — courts are not bound by it
- Domestic violence history is a significant factor under G.S. 50-13.2(a1)
JURISDICTION (UCCJEA)
- NC must be the child's "home state" — child lived here 6 consecutive months before filing
- Or, no other state has jurisdiction and NC has significant connections
- File a separate UCCJEA Affidavit (AOC-CV-605) with this complaint
NEED AN ATTORNEY?
- Custody disputes can have permanent effects on your child's life
- Emergency custody (ex parte) requires an attorney — do not attempt pro se
- Barker Richardson, PLLC → — Raleigh family law