What is child custody and visitation?

Child custody includes the right to make major life decisions about a child and the right to have the child in your care. Visitation is a secondary form of custody, which includes the right to visit with a child at times set forth in a court order, sometimes under specific conditions. “Visitation” is frequently used to refer to a person’s parenting time when it is relatively limited.

What is the difference between legal and physical custody?

Legal custody is the right to make major decisions about the child. Physical custody means the right to have the child in your physical care, either all the time or part of the time.  Both legal and physical custody can be either shared by the parents or held solely by one parent.

What do sole custody and joint custody mean?

A parent who has sole legal custody can make major decisions about the child’s life without consulting the other parent. If parents have joint legal custody, then they must consult one another and jointly make major decisions, such as where the child will attend school or whether the child will have a major medical procedure. If the parents cannot agree, a court may have to make the decision.

Sole physical custody means that the child lives with one parent only, though the child may visit with the other parent. Joint physical custody means that the child’s time is split between the parents. There are many possibilities for joint physical custody. One parent may have primary physical custody, meaning the child lives with that parent most of the time, while the other parent has secondary physical custody, for example, every other weekend, or regularly scheduled dinner visits. Alternatively, there may be an equal split in which the child alternates between the parents on a regular basis.

Am I required to get a custody order?

Parents who are no longer together are not required to get a custody order, but may choose to do so in case they do not agree about the child’s care. Non-parents do not need a custody order to provide temporary care for a child as long as the parents agree that the child will live with or be cared for by the non-parent. However, schools, medical providers or other third parties may require a custody order before allowing a non-parent to make decisions for a child. 

What happens if there is no custody order?

Both legal parents have equal rights to the child if there is no custody order. “Legal parents” are people officially recognized as parents on the child’s birth certificate, a court order such as a child support or adoption order, or an affidavit of parentage. Without a custody order, the rights of non-parents are much more limited, and the parents generally have the right to custody of the child.

What happens when the child turns 18?

At age 18, your child is legally an adult, and the courts no longer have the authority to order custody or visitation.

Does the law prefer one parent over the other?

No. Either parent can be awarded custody of a child of any age, depending on the family’s specific circumstances.

Does failing to pay child support affect a parent’s custody rights?

A parent’s custody rights do not depend on payment of child support, but on the type of relationship with the parent that is in the child’s best interests. A court may consider refusal to pay child support in its analysis of the parent’s ability to act in the child’s best interests.

What is an emergency custody order?

An emergency custody order, sometimes referred to as an “ex parte order,” is an immediate, short-term custody order that a judge can grant under limited emergency circumstances, without hearing from the other party. The grounds for granting emergency custody include situations in which a child is at a substantial risk of bodily injury, sexual abuse, or removal from North Carolina for the purpose of avoiding the authority of the North Carolina courts. Law enforcement can assist in recovering a child with an emergency custody order. If an emergency custody order is granted, a hearing must be scheduled so that both parties have the opportunity to be heard. You should consider hiring an attorney if you need to file for emergency custody, because the process is complex.

Who can file for child custody or visitation?

Any parent can file for custody, whether the parents are separated, divorced or never married. Third parties, such as grandparents, relatives, or others who have cared for the child, can file for custody or visitation under some circumstances. To obtain custody, non-parents must prove that the parents are either unfit to care for the child or have not acted in accordance with their rights as parents, for instance, by abandoning the child to be raised by a non-parent. Grandparents may also be awarded visitation in some circumstances when there is a custody case between the parents. Non-relatives requesting custody must prove that they have a substantial relationship with the child. 

How do I file for custody?

To ask a court for a child custody order, you must file a complaint. Your lawyer can file the complaint for you, or if you do not have a lawyer, you can file a complaint yourself.

What resources can help me file for custody without a lawyer?

You can find information online about the process, child custody paperwork, and clinics conducted by Legal Aid of North Carolina.

Where should I file my custody case?

Custody cases must be filed in the child’s “home state,” which is the state where the child has lived for the six months before the case is filed. If you had a previous custody case about the same child in a different state, you generally must return to that state to change your custody order as long as one of the parties still lives there.

Within North Carolina, you may file a custody case in the county in which the child resides or is physically present or in a county where the parent resides.

What happens when I file for custody?

After you file your case, you must ensure that the summons and complaint are served on the other parent, generally either by the sheriff or through certified mail. A judge can only make decisions in your case after the other parent has been served with the summons and complaint.

Generally, before a judge can hear your case, it will be sent to the Custody Mediation Program. See the Custody Mediation Help Topic for more details about custody mediation. If you and the other party are unable to agree on a custody and visitation plan in mediation, a judge can hear your case to make a decision for you. In most cases, a hearing will be scheduled only if one of the parties requests it.

I went to court for custody in the past, but the situation has changed. Can I file a new case?

If a judge signed a custody order in your earlier case, you will need to file to modify that order rather than filing a new case. In general, your Motion to Modify should be filed in the court that made the original decision. In some situations, if your previous case was dismissed, you can file a new custody case. See below for more information on modification.

Do I need an attorney for my child custody case?

You are not required to hire an attorney, but child custody cases are often factually complicated and require the presentation of witnesses and documents. If you represent yourself in court, you will be held to the same rules of evidence and procedure as a licensed attorney. Court officials, such as judges and clerks of court, cannot provide you with legal advice about your rights and obligations or the likely outcome of your case based on your family’s circumstances. See the Find an Attorney Help Topic for more information about finding an attorney to represent you.

Can I get a court-appointed attorney for my custody case?

No. The court does not appoint attorneys to represent parties in child custody cases.

Someone has filed a case for custody or visitation against me. What do I do?

If you are able to do so, you should discuss the case with an attorney as soon as possible. You must respond to the lawsuit by filing an Answer within 30 days after you are served with the summons and complaint. You should also attend all mediation and court dates. You will not be arrested for failing to appear in court for your custody case. However, if you do not attend mediation or hearings, you will lose your opportunity to tell the judge your side of the story and request custody or visitation rights.

What is custody mediation?

Custody mediation is a conversation between the parents assisted by a professional mediator. The mediator works with the parents, without attorneys in the room, to come to an agreement about child custody, if possible. You can learn more about mediation in the Custody Mediation Help Topic.

Who will decide my custody case?

If you and the other parent are not able to agree on a custody order in mediation, a judge will decide your case after a trial in which you both have the opportunity to testify and call witnesses.

What will the judge consider in deciding my case?

Judges decide child custody based on “the best interests of the child.” This decision can include many factors, such as the parents’ living arrangements, each parent’s ability to care for the child, the child’s relationship with each parent, and any other factors affecting the welfare of the child. While fairness to the parents is important, this is secondary to the child’s welfare. A party’s shortcomings as a spouse or relationship partner will generally only carry substantial weight if they also impact the party’s parenting abilities. An attorney can advise you on the most relevant factors in your specific case.

Can my child talk to the judge about what he or she wants?

There are two situations in which a parent may bring a child to testify in court, and the requirements are slightly different. There is no age limit preventing parents from bringing young children to testify, but this can affect the judge’s view of the parent’s judgment, depending on the age of the child and other circumstances.

• Children can testify as witnesses to specific incidents. Before taking testimony from a child, the judge must determine that the child understands the importance of telling the truth.
• Children can speak to the judge about their preferences. In this case, the judge must determine that the child understands the importance of telling the truth and that the child has reached the “age of discretion,” meaning that he or she has sufficient maturity and good judgment. Judges often consider teenagers’ preferences about where they want to live, but are not required to order what the teenager wants.

Many judges prefer to have children wait outside the courtroom rather than observing the trial. Many judges will speak to children “in chambers,” meaning in a separate room without the parents present, rather than having the child testify in the courtroom.

What is the difference between temporary and permanent custody orders?

Judges may enter either temporary or permanent custody orders. A temporary custody order will be in effect until the judge holds a new trial to make a decision about modifying the temporary order or entering a permanent order. Temporary custody orders are legally binding, but easier to change than permanent orders. If you are unhappy with a temporary custody order, you can schedule your case for a review of the temporary order or for a permanent custody trial. Temporary custody orders can become permanent if neither party requests another hearing for a long period of time. To change a permanent custody order, you must show that there has been a substantial change in circumstances affecting the child since the permanent order was entered.

I am currently in the military. What are my rights?

Specific laws govern the rights of active duty members of the military. If you are unable to attend court due to your active-duty status, you can request that the court case be put “on hold” until you return. You can find more information here. 

The other parent has violated our custody order. What can I do?

You can file a Motion for Order to Show Cause or Motion for Contempt to ask the judge to hold the other parent in contempt of court for violating the order. If the judge finds that the other parent violated the order, the judge will decide the appropriate penalty. Penalties for contempt of court can include a verbal reprimand, a fine, jail time, or requiring the party in contempt to pay the other party’s attorney’s fees. 

I have a custody order and want to change it. What can I do?

If you have a temporary custody order, you can schedule another hearing in your case without the need to file additional motions, though filing a motion may be helpful in some cases. If you have a permanent custody order, you must file a Motion to Modify. When you file a Motion to Modify, you must allege in your motion and prove in court that there has been a substantial change in circumstances since the original order was entered, and that those changes are affecting the child in a way that requires the old order to be changed to serve the child’s best interests.

I have a custody order from another state but now live in North Carolina. What do I need to do?

Custody orders from other states are valid in North Carolina. In general, even if you and/or the child has moved from another state to North Carolina, a judge in the original state will continue to make decisions in your case as long as one of the parties still lives there. If everyone has left the original state, you can ask the North Carolina courts to take over your case. If you want a North Carolina judge to enforce or change your out-of-state order, you must begin by registering the order in North Carolina. You can find the petition to register a custody order from another state or country here.

What is juvenile court?

Juvenile court is part of the District Court division of the North Carolina state court system. When Child Protective Services seeks court action to protect a child because of suspected abuse, neglect, or dependency the case is resolved in juvenile court. “Juvenile court” may also refer to the court that resolves complaints against children who have engaged in conduct considered a crime if committed by an adult. See the Juvenile Delinquency Help Topic for more information.

What are DSS and CPS?

The Department of Social Services, or DSS, is an agency in each North Carolina county that provides programs and social services including Medicaid, food and housing assistance, child care subsidies, services for seniors and disabled adults, and job search assistance. Each DSS agency also provides child welfare services through Child Protective Services, or CPS. Each county’s CPS receives and screens reports of suspected child abuse and neglect and seeks court action to protect children when necessary. CPS provides in-home, foster care, and adoption services as needed.

When do the laws on child abuse, neglect and dependency apply?

North Carolina’s laws on abuse, neglect, and dependency protect “juveniles,” meaning anyone under 18 years old who is not married, emancipated or in the military. A case can be opened with CPS or in juvenile court if a parent, guardian, custodian, or caretaker of a child is allegedly responsible for the abuse, neglect or dependency of that child. A juvenile case will not be opened against a third party, such as a teacher or babysitter, though these people can be charged with a crime for abusing a child.

What is abuse?

A child is considered abused if his or her parent, guardian, custodian, or caretaker does any of the following:

• Causes serious physical injury to the child that does not happen by accident, or allows another to do so.
• Creates a substantial risk of serious physical injury to the child, other than by accident, or allows another to do so.
• Uses cruel or grossly inappropriate discipline on the child, or allows another to do so.
• Commits certain sex crimes against the child, or permits or encourages the child to commit sex crimes or participate in sex crimes.
• Causes serious emotional damage to the child, or allows another to do so.
• Commits a crime of human trafficking, involuntary servitude, or sexual servitude against the child, or allows another to do so.
• Encourages or approves of delinquent behavior that involves immoral acts by the child.

What is neglect?

A child is neglected if the child does not receive proper care, supervision, or discipline, from the child’s parent, guardian, custodian, or caretaker; or the child has been abandoned. A child is neglected if the child lives in an environment injurious to the child’s welfare. A child is also neglected if the child is not provided necessary medical or remedial care or is unlawfully placed for adoption.

What is dependency?

A dependent child is one who needs assistance or placement because the child does not have a parent, guardian, or custodian who is taking responsibility for the child’s care or supervision. A dependent child is also one whose parent, guardian, or custodian is unable to provide for the child’s care or supervision and does not have an alternative care arrangement for the child.

Is leaving children at home alone neglect?

Leaving children home alone may or may not be neglect, depending on the circumstances, including the age of the child, the amount of time the child is left alone, and any safety risks in the home, among other factors.

Does a CPS report or a juvenile court finding of abuse, neglect or dependency appear on criminal records?

No, a CPS report or juvenile court finding of abuse, neglect, or dependency does not appear on a criminal record. However, if criminal charges are also brought against the person subject to the CPS report, a criminal record may result from the criminal charges.

Who can make a report to Child Protective Services (CPS)?

Under North Carolina law, anyone who suspects that a child is abused, neglected or dependent or who suspects that a child has died as a result of maltreatment is required to report their suspicion to Child Protective Services.

How can I make a report?

You can make a report by contacting the DSS agency in the county where the child lives or is located. You can make a report either in person, by phone, or in writing. You can find your county’s Department of Social Services contact information here. You should provide as much information as possible, including identifying information about the child and the child’s parents or caretakers, the circumstances of the suspected abuse, neglect, or dependency, and the child’s current location.

Am I required to give my name when making a report?

You do not have to provide your name when making a report.

What happens after CPS receives a report?

CPS first reviews the report to decide whether the facts reported fall within the legal definitions of abuse, neglect, or dependency. If not, the agency will take no further action and will not contact the parents or caretakers. If the facts reported fall within the legal definitions, CPS must investigate the case to determine whether there is abuse, neglect, or dependency and what is needed to ensure the child’s safety.

What is the time period for a CPS investigation?

CPS must begin its investigation within 24 hours of a report of abuse, or 72 hours of a report of neglect or dependency. CPS must complete an assessment within 45 days of receiving the report.

What does CPS consider in its assessment?

In making the assessment, CPS considers various factors, including whether the child was harmed; whether there is a risk of future harm; the strengths and needs of the family; prior CPS history; and whether services are needed to address safety issues or the needs of the family.

What does it mean to say that a report is “substantiated” or “unsubstantiated”?

A report is “substantiated” if CPS finds that a child is abused, neglected, or dependent. A report is “unsubstantiated” if there is not enough evidence for CPS to find abuse, neglect, or dependency.

What happens if CPS finds no evidence of abuse or neglect?

If the CPS assessment does not find abuse, neglect, or dependency the case will generally be closed after 45 days.

Are there services that CPS can provide to assist families without removing children from the home?

CPS can provide in-home services that include things like mental health treatment, substance abuse assessments and treatment, and referrals for other services, such as domestic violence or parenting education services. If the services are enough to address the family’s needs and the parents or caretakers cooperate with CPS recommendations, the situation can be addressed without seeking court involvement or the removal of the children from the home.

My relative has a CPS case. What can I do to help the family?

You can assist by helping your relative address the problems that led to CPS involvement. You can also contact the CPS caseworker to offer help. In some circumstances, children are placed with relatives for safety, or relatives act as supervisors for contact between the parents and children.

What is foster care?

Foster care is most commonly defined as placing a child outside of the child’s home for the child’s safety. A child may be placed with a certified foster parent or in a group home.

What is a voluntary placement agreement?

A voluntary placement agreement, or VPA, is an agreement between a child’s parent or guardian and DSS for a child to be placed in foster care.

What are the qualifications for foster parents?

Foster parents must be at least 21 years old, have a stable home and income, and maintain a drug-free environment. Foster parents go through an application process, including fingerprinting and a criminal record check, and must complete training classes to be licensed as foster parents. Anyone who wants to become a foster parent can apply with their local Department of Social Services or through a private agency.

What are “day one conferences” or “child planning conferences”?

These are conferences usually held before the first court hearing when CPS files a petition alleging that a child is abused, neglected, or dependent. These conferences are led by a neutral party who is not involved in the case.  Parents, family members, attorneys, CPS workers and the guardian ad litem attend the conferences. These conferences provide an opportunity for all parties to share information and discuss available resources and options on subjects including the child’s placement, visitation, education and health. Are parents allowed to see their child when the child is in foster care?

A visitation schedule is typically arranged. The parents or caretakers may reach an agreement with CPS before the first court hearing. The judge can set up a visitation schedule in court, or can accept or change the schedule agreed to by the parties. Visitation is commonly supervised by the agency or an individual before unsupervised visitation is allowed.

What if I have concerns about a child’s welfare in foster care?

You should report any concerns to the foster care social worker involved, or to CPS in the child’s county if you do not know which foster care worker is handling the case. You may also share your concerns with your attorney so that the attorney can bring the concerns to the judge’s attention.

What is an abuse, neglect, or dependency petition?

A “petition” is the document that CPS files alleging abuse, neglect, or dependency, to begin the court’s involvement in a child’s situation.

What is “nonsecure custody”?

“Nonsecure custody” is the placement of a child in the home of a relative, nonrelative kin, in foster care or in a facility operated by DSS.

If the child is adjudicated abused, neglected, or dependent, is the child always removed from the home?

No. This depends on the family’s situation and whether the parents or caretakers are able to provide a safe home for the child. However, if a child is removed from the home with a court order, parents must correct the situation (such as by going through drug treatment, taking parenting classes, establishing a safe home, etc.) before the court will permit the child to return home. In general, the goal of the juvenile court process is to “reunify” families, which means returning children to their parents if they will be safe and cared for at home.

What is a guardian ad litem (GAL)?

A guardian ad litem (GAL) is a court-appointed volunteer who is responsible for protecting and promoting the best interests of the child. Guardians ad litem meet with the children and parents outside of court to learn more about the children’s needs and living situation. Guardians ad litem appear in court on the court dates to share information about the children and make recommendations about the children’s needs and best interests with the judge. A GAL will be appointed for all petitions claiming abuse or neglect, and the judge may also choose to appoint a GAL for petitions claiming only dependency. When the GAL is not an attorney, and most guardian ad litem volunteers are not, a guardian ad litem attorney advocate will be appointed with the guardian ad litem to protect the child’s legal rights. You can read more about the GAL program here.

Are parents entitled to an attorney when an abuse, neglect, or dependency petition is filed?

Parents who cannot afford to hire their own attorney have the right to a court-appointed attorney to represent them in juvenile court once a petition is filed. Court-appointed attorneys are paid by the state, however, parents are sometimes ordered to reimburse the state for the costs of their attorney if a judge determines that the parent has the ability to do so.

What if I am unhappy with my court-appointed attorney?

You may ask the court to appoint a different attorney to represent you, but you are not entitled to the court-appointed attorney of your choice. You will need to explain to the court why you are unable to work with the attorney appointed to represent you.

What happens on the day of court?

You should appear in court at the time that you were noticed to attend. Your case may not be heard at the exact time listed on your notice, but you are required to be in court at the beginning of the court session so that you may answer when the court calendar is called. Many cases will typically be scheduled at the same time. The judge or the attorney representing CPS will typically begin court by calling out the list of everyone who has a case scheduled for that session of court.

Will the child be told about the case or come to court?

Children ages 12 and older receive legal notice of certain types of hearings, and children of any age can appear in court if they choose to do so.

What if a parent or caretaker does not attend court?

In certain instances, judges may make rulings or decisions without parents, guardians, custodians or other caretakers being present in court. A judge may release a parent’s attorney from representing him or her if the parent does not appear in court.

What are the parents’ or caretakers’ rights?

Parents have the right to be properly served with court paperwork and to receive advance notice of court dates. Court documents filed after an attorney is appointed may be served on the parent by delivering them to his or her attorney. Parents generally have the right to participate in court hearings, to have a court-appointed attorney if they cannot afford to hire an attorney, and to testify and present evidence. Guardians, custodians, and caretakers have the right to be served with court documents and to testify and present evidence if they are listed as parties on the petition.If the child is Native American, how does this affect the juvenile court case?

There are specific federal and state laws that apply to Native American children. North Carolina law enables children who are members of tribes that are recognized solely by the State of North Carolina to be placed with members of those tribes, if no biological relatives are willing and able to care for the children. Federal laws provide additional protections for children who are members of or eligible for membership in federally recognized Native American tribes. You can view federal laws concerning the adoption of Native American children here, or consult an attorney for more information about how this applies to your case.

When does the court process end?

The court process ends if CPS dismisses the petition before a judge determines that the child is abused, neglected, or dependent. If a judge determines that CPS has not proven that the child is abused, neglected, or dependent, the case is dismissed. If the child is adjudicated abused, neglected, or dependent, court involvement continues until the child is either reunited with a parent or adopted. In some cases, court involvement ends after guardianship or custody has been granted.

Can the district court judge’s decision in the juvenile case be appealed?

You have the right to appeal certain decisions made by the district court judge. An appeal is not a new trial.  Appellate courts determine whether an error was made by the trial court. Parents who cannot afford to hire an attorney for an appeal may have an attorney appointed to represent them. However, the court may require the parent to reimburse the state for the costs of the attorney’s services.

What is a termination of parental rights (TPR)?

A termination of parental rights (TPR) is a court decision that permanently ends the legal rights and responsibilities a parent has toward his or her child. Once a parent’s rights are terminated, the parent no longer has the right to seek custody or visitation with the child or make decisions about the child. After the parent’s rights have been terminated, DSS can place the child for adoption, and the parent does not have the right to be heard in the adoption case.

Who can file for termination of parental rights?

A parent, guardian, CPS, or the guardian ad litem may file an action to terminate a parent’s parental rights. In addition, a person with whom the child has lived with continuously for two years or more may file an action to terminate parental rights.

When can CPS file to terminate parental rights?

CPS generally files to terminate parental rights within 60 days after adoption becomes the primary plan for the child. In most cases, CPS will try to reunify parents and children for a year before adoption is made the permanent plan, but this is not always required.

What does DSS need to prove before a judge can terminate a parent’s rights?

A judge can terminate a parent’s rights if the judge finds both that “grounds” (circumstances) allowing for a TPR exist and that a TPR is in the best interests of the child. You can view the law regarding termination of parental rights here.

May a parent voluntarily give up parental rights if the parent believes that is in the best interest of a child?

A parent may sign a “relinquishment” form provided by CPS agreeing to give up his or her parental rights. A parent may obtain information from CPS concerning the parent’s ability to revoke the relinquishment.

What happens to a child after the parents’ rights are terminated?

The child will be placed for adoption when the parents’ rights are terminated or voluntarily relinquished.

Can rights be terminated for one parent and not the other?

Yes, but DSS will generally seek to terminate the parental rights of both parents if the plan for the child is adoption. 

How can I appeal if the court terminates my parental rights?

If your parental rights are terminated, you have the right to appeal the district court decision. An appeal is not a new trial. Appellate courts determine whether an error was made by the trial court. Parents who cannot afford to hire an attorney for an appeal may have an attorney appointed to represent them. However, the court may require the parent to reimburse the state for the costs of the attorney’s services.

What is an adoption?

Adoption is a legal proceeding that creates a parent and child relationship between the adoptee and petitioner.  After a decree of adoption is entered, an adoptee has the same legal status, including all legal rights and obligations, as if the adoptee were the biological child of the adoptive parent.

Who is an adoptee? Who is the petitioner?

An adoptee is the person who is being adopted. The petitioner is the person who files a petition to adopt the adoptee.

Who can adopt in North Carolina?

A married couple or an individual may file a petition to adopt in North Carolina. If a married individual files a petition to adopt, that person’s spouse must join the petition unless the petitioner files a motion to waive the requirement for cause and the clerk enters an order to waive the requirement.

Who can be adopted?

A child or adult can be adopted. But, spouses may not adopt each other. An adult adoptee must consent to the adoption. A child age 12 or older must consent to the adoption unless the petitioner files a motion to waive the requirement for cause and the clerk enters an order to waive the requirement.

Who is considered an adult for the purpose of adult adoption?

An adult is anyone at least 18 years of age, or anyone under the age of 18 who is married or has been legally emancipated.

What are the different types of adoptions?

There are several types of adoptions:

• Agency adoption. An agency, either a county department of social services or a licensed child-placing agency places a child with the petitioner for the purpose of adoption and consents to the adoption.
• Independent adoption. A child’s parent or guardian directly places the child with the petitioner for the purpose of adoption and consents to the adoption.
• Relative adoption. A parent or guardian directly places the child with a relative for the purpose of adoption and consents to the adoption. For the purpose of an adoption, a relative is a grandparent, full or half sibling, first cousin, aunt, uncle, great-aunt, great-uncle, or great-grandparent of the child. If the relationship between the child and petitioner is one other than those listed, the adoption is classified as an independent adoption.
• Foreign adoption. There are two types of foreign adoptions.
  • Re-adoption of a child who was adopted in a foreign country by the same petitioner.
  • Adoption of a child when an adoption is not finalized in a foreign country.
• Stepparent adoption. A stepparent petitions to adopt his or her stepchild.
• Adult adoption. An adult petitions to adopt another adult. A spouse may not adopt his or her spouse.

If I re-adopt a child in North Carolina after adopting the child in a foreign country, is the child automatically a U.S. citizen?

A North Carolina adoption has no automatic effect on the adoptee’s immigration status, which is determined by federal law. An attorney should be consulted if there are citizenship concerns.

What is the process for filing to adopt someone?

An adoption requires the filing of a “special proceeding.” A special proceeding is a court case decided by the clerk of superior court or an assistant clerk of superior court. An adoption case begins when a petition for adoption is filed in the county where the petitioner or adoptee lives. If the adoption is an agency adoption, the petition may be filed in the county where the agency has an office.

Are there forms that can be used when filing for adoption?

Yes, adoption forms may be obtained from the Department of Health and Human Services website.

Do I have to pay to file for adoption?

There is a fee for filing a petition to adopt. The clerk of court where you plan to file a petition will assess the fee. If you are not able to pay the fee, you can ask the clerk of court in the county where you plan to file a petition to waive the fee after you complete this form.

What is a “preplacement assessment” or “home study”?

In certain types of adoptions, a preplacement assessment must be filed with the clerk of superior court. A preplacement assessment, sometimes referred to as a home study, is an evaluation of the person or persons seeking to adopt to determine whether the individual or individuals are suitable adoptive parents. A preplacement assessment is prepared by a county department of social services or a licensed child placing agency.  Preplacement assessments are not prepared in adult adoptions. You can read more about preplacement assessments here.

What is a report on proposed adoption?

In certain types of adoptions, a report on proposed adoption must be filed with the clerk of superior court. A report on proposed adoption, sometimes referred to as the report to court, is prepared by a county department of social services or a licensed child placing agency. The report to court provides a recommendation to the clerk of superior court to assist in determining whether the adoption is in the best interest of the minor adoptee. Reports to court are not prepared for adult adoptions.

Are documents filed in an adoption case available to the public?

Only the adoption decree is a public record. Other documents filed in the case are not available to the public. An order of the court is required to access an adoption file.

Who must be served with notice of the case?

You may review the relevant law regarding who is entitled to notice here.

Will there be a hearing or trial to determine whether an adoption decree will be granted?

Prior to entering a final adoption decree in an adult adoption, the clerk of superior court must have a hearing. If the adoptee is a minor, a hearing may or may not be held before a final adoption decree is entered. The clerk will determine if a hearing is necessary.

How do I get a new birth certificate after the clerk enters the adoption decree?

After the clerk of superior court enters the adoption decree, the North Carolina Department of Health and Human Services will send the new adoptive parent a letter with an explanation of how to obtain a new birth certificate for the adoptee. A fee and application submitted directly to N.C. Vital Statistics, often referred to as Vital Records, are required to obtain the new birth certificate. You must submit the fee and application to North Carolina Vital Records for a new birth certificate.

Do I need an attorney to file for adoption?

An attorney is not required to initiate or finalize an adoption. A person who represents himself or herself will be held to the same standard as a licensed attorney. Adoption proceedings can be complicated. Court officials, including the clerks of court, cannot provide legal advice to individuals concerning the individual’s rights and obligations or the likely outcome of an adoption case. Only an attorney can provide legal advice.

What is juvenile court?

Juvenile court is the court system that handles complaints against children who are alleged to be delinquent or undisciplined. When children engage in conduct that would be considered a crime if committed by an adult, the behavior is referred to as a “delinquent act.” When they engage in conduct that is inappropriate for minors but does not amount to a crime, such as running away from home or skipping school, they are considered to be “undisciplined.” Juvenile courts can adjudicate children as being delinquent or undisciplined and impose consequences that seek to rehabilitate rather than punish them. The proceedings are intended to be more informal and protective than a criminal trial. Thus, an adjudication that a juvenile is delinquent or undisciplined is not a public record and may not be disclosed to the public without a court order.

“Juvenile court” also can refer to the court that handles child welfare cases. For more information about child welfare cases, see the Abuse, Neglect, and Dependency Help Topic.

Who is a “juvenile?”

North Carolina law defines a “juvenile” as any person under the age of 18 who is not married, emancipated, or in the military. However, the juvenile court only has jurisdiction over juveniles who are alleged to be delinquent or undisciplined. A “delinquent juvenile” is defined as a child who is at least 6 but less than 18 years of age who commits an offense that would be a crime if committed by an adult, excluding 16- and 17-year-olds who commit motor vehicle offenses. An “undisciplined juvenile” is defined as a child who is at least 6 but less than 18 years of age who is beyond the disciplinary control of the child’s parent or guardian, regularly found in places where it is unlawful for children to be, or has runaway from home for more than 24 hours. A child who is under the age of 16 also may be considered an “undisciplined juvenile,” if the child is unlawfully absent from school. Therefore, most cases involving allegations against children between the ages of 6 and 17 are within the original jurisdiction of juvenile court.

When can juveniles be charged as adults?

Juveniles are automatically charged as adults for any crime they allegedly commit at age 18 or older. Also, a 16- or 17-year-old who commits a motor vehicle offense, such as a speeding violation, must be charged as an adult. Although less common, juveniles who are under the age of 18 must be charged as adults if they are emancipated or have a prior criminal conviction in adult court for certain offenses.

Some juveniles are criminally prosecuted as adults through a process called “transfer.” At age 13 or older, a juvenile may be “transferred” to adult criminal court, if a juvenile court judge finds probable cause that the juvenile committed a felony offense and conducts a transfer hearing.

In certain situations, transfer to adult court is mandatory. If a juvenile court judge finds probable cause that a juvenile who is 13 or older committed a Class A felony, such as first-degree murder, the judge must transfer the case to adult criminal court without a transfer hearing. Additionally, a 16- or 17-year-old, who is alleged to have committed a Class A, B1, B2, C, D, E, F, or G felony, must be transferred to adult criminal court without a transfer hearing, if either of the following occurs: (1) a juvenile court judge finds probable cause for the offense; or (2) a prosecutor obtains an indictment.

Is an adjudication of delinquency the same as a criminal conviction?

No. An adjudication of delinquency in juvenile court is not a conviction of a crime nor does it cause the juvenile to forfeit any citizenship rights. Also, unlike a criminal conviction, an adjudication of delinquency is not a public record.

Do juveniles have the right to an attorney?

Yes. All juveniles have the right to be represented by an attorney in juvenile court proceedings, whether alleged to be undisciplined or delinquent. However, only juveniles who are alleged to be delinquent are entitled to a court-appointed attorney paid for by the State. Parents who can afford to pay may be ordered to reimburse the State for the attorney’s fees. Parents also may choose to hire a private attorney to represent their child in juvenile court.

What can a juvenile expect from his or her attorney?

The attorney will explain the court process and options to the juvenile. The attorney will assist the juvenile in deciding how to handle the case, but the juvenile must decide whether to admit responsibility, request a hearing, or testify at a hearing. The attorney follows the direction of the juvenile (not the parent) in handling the case and is required to keep the juvenile’s communications with him or her confidential. For this reason, attorneys generally meet with juvenile clients without a parent or guardian present.

Does the court have jurisdiction over the juvenile’s parents or guardians?

Yes. A juvenile’s parent or guardian is required to appear in court with the juvenile and bring the juvenile to all scheduled hearings. The court may order a parent or guardian to provide transportation to meetings, take parental responsibility classes, pay for treatment or services for the juvenile, and pay the attorney’s fees for the juvenile. The court also may order a parent or guardian to obtain a mental health or substance abuse evaluation and comply with any recommended treatment. A parent or guardian may be held in contempt of court for not complying with orders of the court.

Is juvenile court open to the public?

Yes. All juvenile court hearings are open to the public. However, a judge may close the courtroom, for good cause, to protect sensitive information about the juvenile, the juvenile’s family, or victims from public disclosure. If a judge closes the courtroom to the public, the judge may allow any victim, family members of a victim, law enforcement officers, witnesses, and others who are directly involved in the case to remain in the courtroom.

Are juvenile court records confidential?

Yes. Juvenile court hearings are open to the public, but the records of these proceedings are confidential. In order to protect the privacy of children who are involved in these proceedings, juvenile court records may be accessed only by authorized persons, such as the juvenile, the juvenile’s parent or guardian, the juvenile’s attorney, prosecutors, juvenile court counselors, and some probation officers. Public disclosure of juvenile records is prohibited without a court order.

What are some frequently used terms in juvenile court?

Some of the most commonly used juvenile court terms are defined below:

• Adjudication: An adjudication is a finding by a judge, following an adjudicatory hearing, that a juvenile committed a delinquent act or is undisciplined.
• Adjudicatory Hearing: An adjudicatory hearing is a court proceeding, similar to a criminal trial, in which a judge determines whether a juvenile is delinquent or undisciplined.
• Admission: An admission occurs when a juvenile admits the allegations in the petition. Juveniles do not plead “guilty” or “not guilty” in juvenile court; they either admit or deny responsibility.
• Complaint: A complaint is a written allegation that a juvenile is delinquent or undisciplined, which is submitted to a juvenile court counselor for evaluation.
• Delinquent Juvenile: A juvenile who is at least 6 but less than 18 years of age who commits an offense that would be a crime or infraction if committed by an adult, excluding 16- and 17-year-olds who commit motor vehicle offenses. Motor vehicle offenses committed by 16- and 17-year-olds are prosecuted in adult criminal court.
• Detention Center: A detention center is a locked facility for juveniles, similar to a jail, where juveniles can be held while waiting for a court hearing or when ordered by the court to serve a period of secure confinement for a delinquent act.
• Dismissal: A dismissal is the process by which a prosecutor or a judge decides not to proceed with a petition against a juvenile.
• Disposition: A disposition is an order entered by the court at the conclusion of a disposition hearing that provides a plan to address the juvenile’s needs and provide accountability for the juvenile’s actions.
• Disposition Hearing: A disposition hearing is a court proceeding in which a judge considers written reports and other evidence concerning the juvenile’s needs to determine an appropriate disposition. It is similar to the sentencing portion of a criminal trial.
• Diversion: A diversion is the referral of a juvenile to a community based program or service, prior to the filing of a juvenile petition, which provides an alternative to court.
• Felony: See the Criminal Cases Help Topic for a definition of this term.
• Intake Evaluation: An intake evaluation involves the screening and evaluation of a complaint by a juvenile court counselor to determine whether a juvenile petition should be filed.
• Juvenile Court Counselor: A juvenile court counselor accepts juvenile complaints for evaluation, supervises juveniles who are on probation or protective supervision, and works closely with juveniles and their families as they navigate the juvenile court process.
• Misdemeanor: See the Criminal Cases Help Topic for a definition of this term.
• Non-Secure Custody: Non-secure custody is the temporary placement of a juvenile in the care of a responsible adult, other than the juvenile’s parent or guardian, such as a relative, licensed foster home, or other residential placement.
• Petition: A petition is the formal pleading that initiates a juvenile court case, which must be filed by a juvenile court counselor.
• Probation: Probation is a dispositional option for delinquent juveniles that requires the juvenile to be supervised by a juvenile court counselor and follow specific terms or conditions ordered by the court.
• Protective Supervision: Protective supervision is a dispositional option for undisciplined juveniles that requires the juvenile to be supervised by a juvenile court counselor and follow specific terms or conditions ordered by the court.
• Secure Custody: Secure custody is the placement of a juvenile in a locked facility, such as a detention center.
• Undisciplined Juvenile: A juvenile who is at least 6 but less than 18 may be adjudicated as undisciplined if the juvenile is regularly disobedient to his or her parent or guardian, regularly found in places where it is unlawful for a juvenile to be, or has run away from home for more than 24 hours. A juvenile who is at least 6 but less than 16 also may be adjudicated undisciplined for being unlawfully absent from school.
• Youth Development Center: A youth development center (YDC) is a secure residential facility that provides long-term treatment, education, and rehabilitation for youth who have been adjudicated delinquent.

What is family law?

Family law judges hear domestic and child welfare matters and receive specialized training to increase their expertise. North Carolina district courts consolidate and assign a family's legal issues before a single district court judge or team of judges. This allows judges to become familiar with and better address each family's issues, and keeps families from having to recount their history for multiple judges at each hearing. Learn more.

How can I file a juvenile complaint?

A juvenile complaint must be filed with a juvenile court counselor in the county where the alleged delinquent or undisciplined act occurred. Any person can submit a complaint to a juvenile court counselor. However, delinquency complaints typically are filed by law enforcement officers or school officials, and undisciplined complaints typically are filed by the juvenile’s parent or guardian. County specific contact information for juvenile justice officials within the N.C. Department of Public Safety is available here.

What happens when a juvenile court counselor receives a complaint?

When a complaint is received, a juvenile court counselor must complete an intake evaluation to review the complaint and determine whether to file a juvenile petition or resolve the matter without referring the juvenile to court. During the intake evaluation, the counselor will review available evidence, consider information about the juvenile’s background, and conduct interviews with the complainant, any victims, the juvenile, and the juvenile’s parent or guardian to determine an appropriate course of action. At the conclusion of the intake evaluation, which must be completed within 30 days, the counselor has three options: (1) file a juvenile petition to initiate court action, (2) offer the juvenile a diversion, or (3) close the complaint without further action.

What is a diversion?

A diversion is an alternative to court that involves a direct referral of the juvenile to a community based program or service for up to six months. If authorized, a juvenile court counselor can offer a diversion to the juvenile and the juvenile’s parents that requires the juvenile to participate in a community based program or service, remain on good behavior, and abide by any other agreed upon terms or conditions. Examples of common diversion programs include community service or restitution programs, victim-offender mediation, counseling, and teen court. If a juvenile successfully completes a diversion, the complaint will be closed without further action. If the juvenile does not comply with a diversion, the juvenile court counselor may file a petition and refer the matter to court.

Is diversion an available option in every case?

No. Certain felonies are “nondivertible,” which means that a juvenile court counselor must file a petition and refer the matter to court, if there are reasonable grounds to support the allegations. Nondivertible offenses include murder, first-degree and second-degree rape, first-degree and second-degree sexual offense, arson, felony drug offenses, first-degree burglary, crime against nature, and any felony that results in serious bodily injury to another person or was committed by use of a deadly weapon.

Can the complainant or victim request review of the juvenile court counselor’s decision not to file a petition?

Yes. If a juvenile court counselor decides not to file a juvenile petition, the counselor must send a letter to the complainant and victim explaining why a petition was not filed, specifying how the matter was resolved, and notifying the person of the right to have a prosecutor review the counselor’s decision. A complainant or victim must request review by the prosecutor within five calendar days of receiving notice of the counselor’s decision. If review is requested, the prosecutor will contact the complainant and victim to conduct the review, and upon completion, the prosecutor will either uphold the juvenile court counselor’s decision or direct the counselor to file a petition.

What are the steps in the juvenile court process?

The exact procedures in a particular case will vary depending on factors, such as whether the juvenile is alleged to be delinquent or undisciplined, whether the juvenile is in secure or nonsecure custody, and whether the juvenile is charged with a felony or misdemeanor, if alleged to be delinquent. Juveniles with questions about how their cases will proceed should consult with their attorneys for advice.

What happens at the adjudicatory hearing?

The adjudicatory hearing is the “trial” in the juvenile court process. The court will hear evidence presented by the parties to determine whether the facts alleged in the petition are true. Unless the juvenile enters an admission, the State has the burden of proof at the adjudicatory hearing. If the juvenile is alleged to be delinquent, the facts must be proven beyond a reasonable doubt. If the juvenile is alleged to be undisciplined, the facts must be proven by clear and convincing evidence. During the adjudicatory hearing, juveniles are entitled to several due process rights, including the right to written notice of the allegations, the right to counsel, the right to confront and cross-examine witnesses, the right to remain silent, and the right to discovery. The juvenile should consult his or her attorney to discuss any specific questions about the adjudicatory hearing or how to assert these rights.

What happens at the disposition hearing?

The disposition hearing is similar to the sentencing phase of a criminal trial. However, a juvenile disposition is not a sentence. It is an individualized plan for a particular juvenile, designed to rehabilitate the juvenile but also hold him or her accountable for the delinquent or undisciplined behavior. The disposition hearing is less formal than the adjudicatory hearing, and the judge may receive any written reports or evidence that will help the judge determine the juvenile’s needs. The juvenile and the juvenile’s parents or guardians have the right to present evidence and advise the court regarding the disposition they believe to be in the juvenile’s best interests. Examples of information the court might consider at the disposition hearing include reports from juvenile court counselors, school records, mental health records, victim statements, and recommendations from the prosecutor or the juvenile’s attorney.

What dispositional options are available for delinquent juveniles?

When a juvenile is adjudicated delinquent, the judge can impose a range of dispositional options to meet the juvenile’s needs and hold him or her accountable for the delinquent act. The dispositional options authorized for a particular juvenile will depend on the juvenile’s delinquency history and the seriousness of the delinquent act (i.e., the misdemeanor or felony classification of the offense), but may include probation supervision, evaluation and treatment, community service, restitution, and confinement in a detention center or youth development center. You can read more about dispositional options for delinquent juveniles in G.S. 7B-2502 and G.S. 7B-2506.

What dispositional options are available for undisciplined juveniles?

When a juvenile is adjudicated undisciplined, the judge can impose a limited range of dispositional options to meet the juvenile’s needs and hold him or her accountable for the undisciplined act. Some of those options include placing the juvenile on protective supervision, ordering the juvenile to comply with evaluation and treatment, and placing the juvenile in the custody of a county department of social services or another agency. You can read more about dispositional options for undisciplined juveniles in G.S. 7B-2502 and G.S. 7B-2503.

When does the juvenile’s case end?

When a juvenile successfully completes the disposition, including any term of probation or protective supervision, the juvenile court counselor will recommend that the judge end the court process. A judge may terminate a juvenile’s supervision and/or the jurisdiction of the court without a hearing. If a juvenile completes all the required conditions of probation or protective supervision and remains on good behavior, the judge may allow probation or protective supervision to end early. Conversely, if a juvenile fails to comply with the required conditions, the judge may find the juvenile to be in violation of the juvenile’s probation or protective supervision and may extend the supervision for a longer period of time.

How soon is the juvenile’s first court date?

The scheduling of the juvenile’s first court hearing depends on the type of case. After the petition is filed, the clerk of superior court will issue a “summons” to the juvenile and the juvenile’s parent or guardian requiring them to appear in court for a hearing at a specified date and time. A copy of the juvenile petition should be attached to the summons. In addition to providing notice of the hearing, a summons informs juveniles and their parents or guardians of important rights and obligations, including the juvenile’s right to an attorney and the parent’s or guardian’s obligation to attend scheduled hearings in the case and bring the juvenile to court.

What happens if I miss court?

If you fail to attend a hearing for which you have been summoned to appear, the judge can issue a secure custody order for you, which means you could be placed in detention. The court also can find your parent or guardian in contempt of court, which could result in jail time or the payment of a fine. If you are unable to attend your court hearing, contact your attorney as soon as possible. Your attorney may be able to request a continuance from the judge.

What should I expect in court?

Many cases will be scheduled at the same time, and the court will handle cases one by one. Court may last an hour or two or a full day. Be prepared to sit and wait patiently in the courtroom or in a place designated by your attorney. It is possible that your case may not be resolved when you appear in court and may be continued to a later date.

Can a juvenile be taken into custody (or arrested)?

Yes. In some circumstances, juveniles who are suspected of being delinquent or undisciplined can be taken into custody by a law enforcement officer or a juvenile court counselor. However, the term “arrest” is inappropriate and juveniles who are taken into custody may not be placed in an adult jail. A juvenile who is taken into temporary custody may be held for no more than 12 hours, or 24 hours if part of that time falls on a weekend or holiday, unless a juvenile petition has been filed and a judge has issued an order for secure or nonsecure custody. Any person who takes a juvenile into custody without a court order must notify the juvenile’s parents or guardians and inform them of their right to be present with the juvenile until a determination is made regarding the need for secure or nonsecure custody.

What is the difference between secure and nonsecure custody?

Secure and nonsecure custody refer to the temporary placement of a juvenile outside the juvenile’s home either in a juvenile detention center (secure custody) or a residential placement such as a relative’s home or foster care (nonsecure custody). The court typically orders secure custody for juveniles who commit serious offenses and demonstrate that they pose a danger to other persons or property, although it is authorized in other circumstances. The court may order nonsecure custody when a juvenile is eligible for secure custody but the court finds that nonsecure custody is in the juvenile’s best interests or when a juvenile is a runaway and consents to nonsecure custody. You can read more about the legal criteria for secure and nonsecure custody in G.S. 7B-1903.

Can an undisciplined juvenile be placed in secure custody?

Yes, but only in very limited circumstances. An undisciplined juvenile may be held in secure custody for no more than 24 hours, unless part of that time falls on a weekend or State holiday. After 24 hours in secure custody, an undisciplined juvenile must be returned to the custody of a parent or guardian, unless the court has issued an order for nonsecure custody. You can read more about the legal criteria for secure and nonsecure custody in G.S. 7B-1903.

Do juveniles have to post bail?

No. Unlike adults who are charged with crimes, juveniles do not have the right to bail. However, if a juvenile is placed in secure or nonsecure custody, the court must hold regular hearings to review the need for continued custody. A juvenile must have an initial hearing within five calendar days, if placed in secure custody, and within seven calendar days, if placed in nonsecure custody. Further hearings on the need for continued secure custody are held at intervals of no more than ten calendar days, unless waived by the juvenile. Further hearings on the need for continued nonsecure custody are held within seven business days of the initial hearing and then every thirty calendar days. At each hearing on the need for continued custody, the State must show by clear and convincing evidence that continued custody is necessary and that no less intrusive alternative is sufficient. Juveniles have the right to be represented by an attorney, and if they are alleged to be delinquent, the court will appoint an attorney for them. Juveniles and their parents also may present evidence, address the court, and examine witnesses.

Can the juvenile court’s decision be appealed?

Yes. After the juvenile court judge enters the disposition, the case can be appealed to the North Carolina Court of Appeals. An appeal is not a new trial. The appellate court makes its decisions based on the written juvenile court record, written legal arguments, and sometimes based on oral arguments from attorneys. The juvenile or the juvenile’s parent or guardian must give notice of appeal in open court at the time of the disposition hearing or in writing within 10 days of the disposition being entered. If the juvenile gives notice of appeal, the court will appoint the Office of the Appellate Defender to represent the juvenile in the appeal, unless the juvenile’s parent or guardian retains a private attorney. If the appeal is unsuccessful, the court may order the juvenile’s parent or guardian to reimburse the State for the cost of the appellate defender.

Is an expunction available for juvenile records?

Yes. An expunction is a court process that allows records related to an allegation or adjudication of delinquency or undisciplined behavior to be destroyed or sealed, and allows the juvenile to deny that the charge or adjudication ever occurred. A juvenile’s record is generally confidential, but does not automatically disappear after the end of court involvement or once the juvenile becomes an adult. Also, a juvenile record can result in collateral consequences for the juvenile, which can impact the juvenile’s ability to participate in high school athletics, obtain college financial aid, enroll in the military, get a job, or obtain public housing.

You can read more about the eligibility requirements and process for filing a petition for expunction of juvenile records in G.S. 7B-3200. To request an expunction, you may use forms AOC-J-903, AOC-J-904, and AOC-J-909. There is no filing fee for an expunction of juvenile records.

Where can I find more information about the juvenile court system?

• You can visit the North Carolina Office of the Juvenile Defender’s website.
• You can view the North Carolina Juvenile Defender Manual.
• You can read a guide to juvenile court for youth and parents.
• You can view more information about delinquency and related issues from LawHelpNC.
• You can read more about juvenile court services within the North Carolina Department of Public Safety.

What legal resources are available to juveniles and families?

• Legal Aid of North Carolina provides free legal assistance to low-income people across the state in some special education and long-term suspension or expulsion cases. You can apply for assistance by calling 1-866-219-5262 or visiting the organization’s website.
• Disability Rights North Carolina provides free legal services in some disability-related cases to people with disabilities across the state, including in education. 
• The Youth Justice Project of the Southern Coalition for Social Justice provides legal services related to education, expunctions, and re-entry issues for juveniles across the state.
• North Carolina’s law school clinics provide a variety of free legal assistance to children and their families, in areas including juvenile delinquency, special education, school discipline, school enrollment, and Supplemental Security Income (SSI) benefits. You can find out more about each law school’s clinic by visiting their webpages: Campbell University School of Law (Raleigh), Duke University School of Law (Durham), North Carolina Central University School of Law (Durham), UNC School of Law (Chapel Hill), and Wake Forest University School of Law (Winston-Salem).

What is child support?

Child support is money paid by a parent for the purpose of meeting the reasonable needs of the parent’s child for health, education and maintenance.

What are the options for arranging child support?

Child support can be arranged in several ways.

• Parents can agree on an amount for child support in a Separation Agreement. See the Separation and Divorce Help Topic for more information.  
• Parents may sign a Voluntary Support Agreement (VSA). A VSA is a child support agreement signed by both parties and then by the judge. Once a judge signs the VSA, it becomes a court order and is enforceable by the court.
• Child support can be arranged through the Child Support Enforcement Agency (CSE).
• The person who wants to receive child support can file a civil complaint in district court.

Who can file for child support?

Any parent or person who provides care for a minor child living in his or her home can file for child support.

Do I have to go to court and request custody of a child before I request child support for a child who lives with me?

If you are caring for a child who lives with you, you do not have to have a court order granting you custody before requesting child support.

Who can be required to pay child support?

All parents are responsible for supporting their children, unless the parent’s rights have been terminated. If a parent is under the age of 18, his or her parents can be obligated to pay child support until he or she reaches the age of 18. Non-parents are otherwise not responsible for child support.

What if the parent or child is not a U.S. citizen?

All children living in the United States are entitled to child support, regardless of the citizenship or immigration status of the child or the parents.

What if there is a joint custody arrangement?

Parents can be obligated to pay child support even if they have joint custody of their children. See below for more information on how child support is calculated.

Can I file an action for child support if the father’s name is not on the child’s birth certificate?

A child support case can be filed against an alleged father even if his name is not listed on the child’s birth certificate.

What if I’m not sure that I’m the father?

You may request a paternity test.

A judge will decide whether to grant your request. If CSE filed the child support case, the agency will require a paternity test. You may be charged for the cost of the test if you are found to be the father.

What if the other person doesn’t let me see my child?

Child custody and child support are separate legal issues. Even if the other party denies you custody or visitation time, this does not affect your obligation to pay child support. See the Child Custody Help Topic for more information about custody and visitation issues.

Can I view the status of my child support case or payments online?

If your case is filed through CSE, you can create an account here to view the status of your case, payments, and any arrears.

How can I begin a case with the Child Support Enforcement Agency (CSE)?

You can find the location of your county’s CSE office here. Your local CSE office will tell you what information the agency needs to assist you.

Where should I file my case?

A child support case may be filed in the county where the child lives or is physically present or in a county where a parent resides.

Can I get assistance from CSE if I already have a child support case?

Yes, you can request assistance from CSE. Contact your local CSE agency for guidance.

The other parent is not in North Carolina. Can I still get assistance from CSE to obtain child support?

Yes. Contact your local CSE agency for guidance.

What if I don’t know the location of the other parent?

CSE has various tools that may be used to locate noncustodial parents. Providing information about the other parent, such as the person’s date of birth, social security number, or last known address, can assist the agency in locating the person.

What happens after a complaint is filed?

The other party must be “served” with a copy of the complaint. You may have the other party served by a sheriff’s deputy or through certified mail. The other party has 30 days to file an answer.

I received a complaint for child support. What should I do?

You have 30 days after receiving a complaint to file an answer with the court. You may hire an attorney to assist you or represent yourself.

What should I expect in child support court?

Many cases will typically be scheduled for the same day. The judge or the CSE attorney will typically begin court by calling the names of everyone expected to be in court that day, and address each case one at a time.

What should I bring with me to child support court?

• If you are the person entitled to receive child support, you should bring any documentation related to expenses paid on behalf of your child.  For example, you should bring day care receipts or medical bills for the children. You should also bring proof of your income.  If you have other children in the home, you should bring documentation to show that the other children live with you.
• If you are the person who will be paying child support, you should bring proof of your income. You also should bring documentation of any payments you have made to the other person or expenses you have paid for the children. For example, you should bring proof of payment of rent, cell phone or car payments for the custodial parent or proof that you have provided groceries, clothing, diapers, etc., for the children.

Do I need to hire an attorney for child support court?

If you are the party seeking child support, you may contact your local CSE to provide representation for you, or you may hire a private attorney. If you are the party obligated to pay child support, you may hire a private attorney to represent you or represent yourself. Court officials, such as judges and clerks of court, cannot give you legal advice about your rights and obligations, possible claims or defenses, or the likely outcome of your case.

When will I start receiving child support?

The first payment is typically due on the first of the month after the judge signs an order for child support.

How should I pay child support?

There are several possibilities if your case goes through CSE.

• In many cases, the judge will set up automatic deductions from your paycheck. If the money is not deducted, you are responsible for making the payments.
• You can make payments online using a credit or debit card or by setting up automatic bank drafts. Visit the ePayments site here to register for an account, or here for more information about online payments and statements.
• You can contact North Carolina Child Support Enforcement for more information about payment options or to make a payment at 1-877-361-5437, and can view additional contact information for the agency here.

If your case was not filed by CSE, a judge will instruct you on how to pay.

What is family law?

Family law judges hear domestic and child welfare matters and receive specialized training to increase their expertise. North Carolina district courts consolidate and assign a family's legal issues before a single district court judge or team of judges. This allows judges to become familiar with and better address each family's issues, and keeps families from having to recount their history for multiple judges at each hearing. Parent education programs also may be available. Learn more.

How is child support calculated?

North Carolina’s Child Support Guidelines (find previous guidelines) set the amount of child support that should be paid depending on each family’s financial circumstances. Judges must order the amount of child support set out in the Guidelines unless applying the Guidelines would not meet or would exceed the reasonable needs of the child, or would otherwise be unjust or inappropriate.

How can I estimate the amount of child support in my case?

There are online calculators that allow you to estimate the monthly child support in your case.

• Calculator if one parent has primary custody
• Calculator if the parents have joint custody
• Calculator if the parents have split custody

What if I have other children?

Having other children in your home or paying child support for other children not living with you are factors in calculating child support.

What is the minimum that a person can be ordered to pay in child support per month?

The Child Support Guidelines require a minimum child support order of $50 per month.

What can I do if the other party is not paying child support?

If you are represented by the local CSE agency, you should contact your caseworker. Otherwise, you can file a Motion for Order to Show Cause, requesting the court to hold the other party in contempt.

What are the consequences for refusing to pay child support?

A judge has a number of enforcement options available to address a parent’s failure to pay child support as ordered. Depending upon the circumstances, a parent who fails to pay support as ordered may have wages withheld or be required to serve time in jail.

When can I get a modification of child support?

Child support orders can be modified after three years, or if there has been a “substantial change in circumstances.” A difference of 15% or more of the child support paid under an existing order and the amount of child support resulting from the application of the guidelines based on the parents’ current income and circumstances is presumed to be a substantial change in circumstance.

How can I file to modify child support?

If you are represented by the local CSE agency, you should contact your caseworker. Otherwise, you can file for a modification using this form. The judge will hold a hearing on the motion to modify. You should be prepared to show documentation that justifies your request to modify the child support order.

What if I am required to pay child support, but I lose my job?

If you lose your job, you may file a Motion to Modify. A judge will determine how your unemployment impacts the current order of support.

What if I find out that I am not the father?

If you have a child support order and then discover that you are not the biological father of the child, you can file a Motion for Relief within one year of discovering that you are not the father.

What happens when my child turns 18 years old?

In general, parents are not obligated to financially support a child once the child reaches the age of 18. Parents are required to support a child until the child turns 20 if the child has not yet graduated and remains in high school. In that case, child support will continue until the child graduates, stops attending school regularly, fails to make satisfactory academic progress, or reaches age 20, whichever happens first. Parents can also be required to support a child enrolled in a cooperative innovative high school (CIHS) program until the child reaches age 18 or completes four years in the program, whichever occurs later. You can see a list of CIHS programs here.

Can parents agree that support will be paid until a child graduates from college?

Parents can agree in a separation agreement or consent order, for instance, to support a child through college or to continue supporting a disabled child. Any valid agreement between the parents is binding.

Am I required to go to court to ensure that child support lasts past age 18?

If your child qualifies for support after age 18, you are not required to return to court to continue receiving child support.

Am I required to go to court to end child support when my child reaches age 18 or graduates from high school?

In general, no. If you have a CSE case, you should not have to go to court when your child reaches age 18 and has graduated from high school.  If you do not have a CSE case and your child has reached the age of 18 and graduated from high school, you can file a Motion to Modify to terminate support.

Can child support end before the child turns 18?

Yes, if the child marries, joins the U.S. military, or is granted emancipation by a court before reaching the age of 18.

Am I still responsible for arrears once my child reaches age 18 and graduates from high school?

Yes. If arrears are owed after the child reaches the age of 18 and has graduated from high school, child support payments continue in the same amount until all arrears are paid.

What is custody mediation?

Mediation is a conversation between parents that is guided by a neutral third party, or “mediator,” who works for the court. Parents meet together with the mediator to talk about child custody, share information and make decisions together to avoid having a trial. A custody case must be filed to participate in the courts’ Child Custody and Visitation Mediation Program.

What are the advantages of custody mediation?

Mediators are trained to help parents work through their difficulties and find the best child custody solutions for their family. This allows parents to avoid the stress, anxiety, time, and expense of going to court, and ensures that decisions about the children’s lives are made by the adults who know them best and are responsible for raising them.

Is everyone required to go to mediation?

Yes, in general. The parents and anyone else making a legal claim for custody of the children are required to attend unless a judge “waives” mediation, meaning that the parties are legally excused from attending. Waiver does not happen automatically. If you want mediation to be waived, you must file a Motion and Order to Waive Custody Mediation, which can be found online or in person in the Custody Mediation Office. The judge will then decide whether to waive mediation in your case. Valid reasons to waive mediation include: you live more than fifty (50) miles from the court; the other party has abused you or the children; the other party suffers from alcoholism, drug addiction or severe psychiatric or psychological problems; or you have agreed to a private mediation.

How does custody mediation work?

After a custody case is filed, the parties are required to attend an orientation class. After that, there will be a mediation session of up to two hours. If you need additional time, another session can be scheduled at the mediator’s discretion if the parties agree. If you reach an agreement in mediation, the mediator will prepare a written Parenting Agreement, which will be signed by the parties and a judge.

How do I sign up for custody mediation?

This process varies by county. A custody case must be filed to participate in the courts’ Child Custody and Visitation Mediation Program. You should ask about signing up when you file your case. If someone else files a case against you, you should receive information about your orientation class in the mail.

Do I have to pay for custody mediation?

No. The courts provide custody mediation free of charge.

What is orientation?

Orientation is a group class that prepares people for mediation. Orientation is usually scheduled within 30 days of the date the case is sent to the Custody Mediation Program. The other person or people involved in your case may be at the same orientation session, but you are not required to talk to each other or make decisions at orientation.

Can the mediator make decisions about my case?

No. The mediator does not decide who is right or wrong and does not make any decisions about child custody. The mediator’s job is to guide the parents’ discussion of the children’s needs and the parents’ concerns, and to help the parents reach an agreement if possible.

Do I need to bring evidence to custody mediation?

No. Custody mediation is about agreeing on a solution for your case, not proving it, and you are not expected to agree about things that happened in the past. Having evidence to present to the court is important if you cannot resolve your case in mediation and your case has to be decided by a judge.

Do I need an attorney for mediation?

Attorneys do not attend mediation sessions through the Custody Mediation Program. However, it is recommended that anyone with a child custody or visitation case consult an attorney to learn about their legal rights and obligations, and to review the draft of the Parenting Agreement, even if the case does not go to trial.

Can we make decisions about child support in mediation?

No. Custody mediation helps parents make decisions only about child custody and visitation, not financial issues. You can file for child support through your county’s Child Support Enforcement office.

Will the mediator tell the judge what we said in mediation?

No. The discussions in mediation sessions are private. The mediator will not share information discussed in the session with others, including the judge or attorneys. This rule does not apply if the mediator has concerns about unreported child abuse, hears threats to harm someone, or witnesses a crime.

What happens if we reach an agreement in mediation?

The mediator will write a draft of the Parenting Agreement and send it for review to the parties, and to their attorneys, if they are represented. If possible, parents should meet with an attorney before signing a Parenting Agreement. After the parties sign the agreement, a judge will review and sign it.

Is a Parenting Agreement legally binding?

Yes. Once a judge signs it, your Parenting Agreement becomes a court order. The agreement then has the same legal effect as if the judge had decided the custody case after a trial. Once the order is signed, the parties cannot change it without additional court action. Parties can be held in contempt of court for violating the signed Parenting Agreement.

What if we don’t agree in mediation?

If there is no agreement in mediation, one of the parties will need to schedule the case for trial. If you have not yet hired an attorney, it is recommended that you do so. Attorneys are often able to negotiate a resolution before trial. Otherwise, a judge will hear and decide your case.

What if a custody case involves a nonparent?

In some situations, grandparents or other third parties may file a claim for child custody. All parties to the case, including nonparents, must attend mediation. It is especially important for anyone involved in a case with a nonparent to contact an attorney for more information about their rights and obligations.

How can I make a complaint about mediation?

Any complaints about mediation or a specific mediator should be in writing and can be mailed to the Chief District Court Judge of the judicial district where the mediation took place.

What is family law?

Family law judges hear domestic and child welfare matters and receive specialized training to increase their expertise. North Carolina district courts consolidate and assign a family's legal issues before a single district court judge or team of judges. This allows judges to become familiar with and better address each family's issues, and keeps families from having to recount their history for multiple judges at each hearing. Parent education programs also may be available. Learn more.