Dec202025
Family Law Q&A Series

How do I file for child custody and child support when there is no court order yet? – North Carolina

Short Answer

In North Carolina, a parent can start a child custody and child support case by filing a civil action in District Court (or by raising the issue inside an existing Chapter 50 case, such as divorce). The case starts with filed pleadings and formal service on the other parent, and custody disputes are typically sent to court-connected mediation. If immediate safety or abduction risks exist, the court may enter limited temporary custody orders on an emergency basis, but most cases proceed on notice to the other parent.

Understanding the Problem

When there is no custody or child support order yet in North Carolina, the decision point is how to open a court case so a District Court judge can enter the first enforceable custody schedule and the first child support order. This question focuses on what type of filing starts the case, which court handles it, and what procedural steps are required before the court can make initial orders.

Apply the Law

North Carolina handles child custody and child support in the District Court Division. A parent may bring custody and support as a stand-alone civil action, or may join those issues with certain family-law cases already pending. Once filed, the other parent generally must be formally served under the civil rules. If custody is contested and the county has a court-connected program, the court typically refers the custody/visitation issues to mediation unless the judge waives mediation for good cause. In a pending case, a party can often request temporary (interim) relief by motion on notice, and North Carolina law commonly uses a 10-day notice period for motions for custody/support in an existing action.

Key Requirements

  • Proper court and case type: The filing must be made in North Carolina District Court and presented as a custody and/or support claim allowed by state procedure (often a civil action if nothing is pending).
  • Jurisdiction and venue facts: The pleadings should include facts showing North Carolina can decide custody (including required child-location information in many cases) and that the county is an allowed place to file (commonly where a parent lives or where the child lives/is present).
  • Service and notice: The other parent must receive proper service of process (or, for certain motions in an existing case, proper written notice) before most orders are entered.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because no specific facts were provided, consider two common situations. If there is no existing family-law case, the usual starting point is filing a civil custody action (and a support claim, either in the same case or raised in a related way allowed by North Carolina procedure) in District Court, followed by service on the other parent. If there is already a pending divorce or similar Chapter 50 case, custody and support are commonly handled inside that existing case by motion and scheduled on notice, rather than starting a separate lawsuit.

Process & Timing

  1. Who files: A parent (or another person/entity allowed by statute for custody). Where: The Clerk of Superior Court (Civil) for filing into the District Court Division in the appropriate North Carolina county. What: A civil complaint for child custody and a claim for child support (or motions in an existing Chapter 50 case). Many counties also require local cover sheets and scheduling/parenting-program forms. When: If filing by motion in an existing case, North Carolina commonly requires 10 days notice to the other party for custody/support motions (with specific requirements depending on the type of request).
  2. Service and initial scheduling: After filing, the other parent must be served under the Rules of Civil Procedure. If custody is contested and a mediation program exists, custody/visitation issues are typically sent to court-connected mediation before (or while) the court sets a hearing.
  3. Temporary and final orders: A party may seek temporary custody/support while the case is pending. A final order generally comes after mediation (if required), exchange of financial information for support, and a hearing (or a signed consent order if agreement is reached).

Exceptions & Pitfalls

  • Emergency custody is limited: North Carolina restricts ex parte temporary custody orders that change living arrangements; courts generally require service/notice unless the judge finds a substantial risk of bodily injury, sexual abuse, or abduction.
  • Mediation expectations: Many contested custody cases go to court-connected mediation; failing to follow the county’s mediation/parenting-program steps can delay a hearing.
  • Venue and jurisdiction mistakes: Filing in the wrong county (or failing to plead the child’s required location history in a custody case) can lead to delays, dismissal, or transfer.

Conclusion

When there is no custody or child support order yet in North Carolina, the usual way to start is to file a civil custody/support action in District Court in a proper county and then have the other parent formally served. Contested custody cases are commonly sent to mediation unless waived, and temporary relief may be available while the case is pending. If custody or support is requested by motion in an existing Chapter 50 case, a common rule is to give the other party at least 10 days notice. The next step is to file the initial custody/support pleadings with the clerk in the proper county.

Talk to a Family Law Attorney

If a parent needs to start a North Carolina child custody and child support case with no order in place yet, an attorney can help choose the right filing approach, prepare the required allegations and financial disclosures, and track service, mediation, and hearing timelines. 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.