Dec32025
Family Law Q&A Series

How can I replace my attorney in the middle of a custody or parenting case and make sure my new lawyer gets my full file? – North Carolina

Short Answer

In North Carolina, a parent in a custody or parenting case may change attorneys at almost any point, but the court must formally allow the old attorney to withdraw and recognize the new attorney’s appearance. The prior attorney must promptly turn over the client’s file (paper and electronic) or a complete copy, subject to limited rights to retain internal work product or unpaid-cost issues. A new attorney can then file a formal notice of appearance and, if needed, ask the court for access to any sealed or e-filed court records.

Understanding the Problem

The narrow question is whether, in an ongoing North Carolina custody or parenting case, a parent can replace current or former counsel and ensure the new attorney receives the full case file. The concern often arises when a prior attorney has withdrawn because of a conflict, communication has broken down, or the parent believes the attorney mishandled the matter. The core issues are: how the substitution of counsel occurs in district court, what rights the client has to the complete file, and how access to online or sealed court records fits into that transition.

Apply the Law

Under North Carolina law, parties in civil cases, including child custody, may choose and change counsel, but the court controls who is officially counsel of record. When an attorney withdraws or is replaced, that attorney owes ongoing duties, including protecting the client’s interests while transitioning the file. North Carolina’s Rules of Professional Conduct and court rules require reasonable steps to surrender papers and property to which the client is entitled, and the district court keeps the official case file, now largely through statewide electronic filing. Deadlines in the custody case, such as hearings or response dates, continue to run even while counsel changes.

Key Requirements

  • Substitution or withdrawal on the record: The prior attorney must withdraw, or the new attorney must appear, through a filing and, in most contested family cases, an order of the district court judge allowing the change.
  • Delivery of the client file: The former attorney must provide the client’s papers and property relating to the representation—typically either the original file or a full copy—within a reasonable time after termination.
  • Access to the court file and e-filing system: The official case record remains with the clerk or in the eCourts system; new counsel must get added as attorney of record and then may access filings that are not sealed or confidential by statute.

What the Statutes Say

Analysis

Apply the Rule to the Facts: In the described situation, the prior attorney has already withdrawn due to a conflict, so a court order or granted motion to withdraw should appear in the district court file. That lawyer still owes duties to safeguard the client’s interests and to provide the file, despite the withdrawal and any criticism of performance. A new attorney, once retained, can file a notice of appearance and, if case access is blocked or eCourts credentials are not working, can request copies from the clerk and subpoena or demand the former attorney’s file as needed. Allegations that the case was undermined or that one parent was removed from the courtroom may influence strategy, but they do not limit the right to replacement counsel or to the case file.

Process & Timing

  1. Who files: The new attorney. Where: The District Court Division of the General Court of Justice in the North Carolina county where the custody case is pending. What: A Notice of Appearance or Motion for Substitution of Counsel, often accompanied by a proposed order if the judge’s signature is required. When: As soon as the new attorney is retained, and ideally well before any scheduled hearing or filing deadline.
  2. The new attorney then requests the complete client file from the former attorney in writing, specifying paper documents, electronic records, emails, discovery, exhibits, and any drafts or notes the rules require to be produced. Many North Carolina practitioners aim to transmit the file within days; local practice and office procedures may affect the exact timing.
  3. The new attorney obtains the court file through the clerk’s office or the eCourts system, confirms upcoming court dates and deadlines, and then files any needed motions—for example, to continue a hearing, to compel production of missing materials, or to clarify any prior orders that may affect access or confidentiality.

Exceptions & Pitfalls

  • Some portions of an attorney’s internal work product may be limited in what must be produced, but in family practice, most client-related documents are typically shared to allow a smooth transition.
  • If significant fees or costs remain unpaid, a former attorney may claim a limited retaining lien on the file; however, ethical rules still require reasonable steps to avoid material harm to the client, especially when a hearing is imminent.
  • Online court access may be restricted if there are sealed records (for example, regarding sensitive child information); in those situations, the new attorney may need a specific court order or must follow local rules to review or copy those materials through the clerk.
  • Failing to update the court formally can lead to confusion about service of future orders or motions, so it is important that the substitution or appearance be filed and served on all parties.
  • If a client believes a former attorney is refusing to provide the file or is destroying or hiding materials, that may be grounds to contact the North Carolina State Bar’s grievance process, but doing so does not replace the need to protect active court deadlines.

Conclusion

In a North Carolina custody or parenting case, a parent may replace counsel midstream, but the change must be documented on the court record and followed by prompt transfer of the client’s file. The former attorney must take reasonable steps to surrender the papers and property relating to the case so the new attorney can review past orders, hearings, and filings. The key next step is for new counsel to file a notice of appearance or substitution with the district court and request the full file immediately, before any upcoming court date or deadline.

Talk to a Family Law Attorney

If a custody or parenting case is underway and a change of attorneys is needed while access to the file or records is in doubt, our firm has experienced attorneys who can help clarify options, handle the substitution with the court, and pursue the complete file. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.