Jan62026
Family Law Q&A Series

What are my options if I can’t afford my current attorney anymore but I still need representation in my custody case? – North Carolina

Short Answer

In North Carolina, a parent who cannot afford current counsel in a custody case usually has several practical options: ask the current attorney about a limited-scope plan or payment arrangement, hire new counsel and substitute attorneys, or ask the court to order the other side to contribute to attorney’s fees if the legal requirements are met. Court-appointed counsel is generally not available in a typical private custody case, but it can be available in certain juvenile court cases (like abuse, neglect, dependency, or termination of parental rights) if the parent qualifies as indigent. Because custody cases move quickly, the safest approach is to address representation before the next hearing date.

Understanding the Problem

In a North Carolina child custody case, a parent may need ongoing representation but may no longer be able to pay the current attorney. The decision point is whether the case is a private custody case (usually in district court) or a juvenile court case involving allegations like abuse, neglect, dependency, or termination of parental rights, because the options for appointed counsel and fee-shifting can change. The key timing trigger is any upcoming hearing, deadline to respond to motions, or a scheduled trial date, because changing attorneys or asking for fees often requires notice, paperwork, and time for the new lawyer to prepare.

Apply the Law

North Carolina law recognizes the right to be represented by a lawyer in certain family-law proceedings, and it also allows a judge to order one side to pay reasonable attorney’s fees in custody and support cases in limited situations. In juvenile court cases (such as abuse, neglect, dependency, and many termination of parental rights cases), a parent may have a right to court-appointed counsel if the parent is indigent. In a private custody case, the more common tools are (1) changing attorneys, (2) narrowing the scope of what the attorney handles, and (3) requesting a court-ordered contribution to attorney’s fees when the statutory requirements are met.

Key Requirements

  • Identify the type of case: Private custody cases and juvenile court cases do not have the same rules for appointed counsel and payment of fees.
  • Fee-shifting requires specific findings: For a judge to order attorney’s fees in a custody/support case, the requesting party generally must show good faith and insufficient means, and must properly request fees by pleading or motion.
  • Timing and procedure matter: Changing attorneys, requesting fees, or seeking appointed counsel often requires a motion, notice to the other side, and enough time before the next court date.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a long-running custody dispute with concerns about harm to the child and concerns about fairness in the court process (service problems, alleged fraudulent filings, and irregular judge involvement). If the case is a private custody case, the most realistic paths to continued representation are (1) switching to a more affordable attorney or limited-scope services and (2) asking the judge for attorney’s fees under the custody/support fee statute by showing good faith and insufficient means. If the case is actually in juvenile court (for example, an abuse/neglect/dependency case or a termination of parental rights case), the law may allow court-appointed counsel if the parent qualifies as indigent, and eligibility can be reconsidered as the case continues.

Process & Timing

  1. Who files: The party requesting a change (either the current attorney, the client, or new counsel, depending on the situation). Where: The Clerk of Superior Court for the county where the custody case is pending (district court file) or the juvenile court file if the case is under Chapter 7B. What: Typically a motion for the attorney to withdraw and/or a notice/substitution of counsel; if seeking fee help, a request for attorney’s fees in the pleadings or a motion in the cause asking for fees. When: As early as possible before the next hearing so the court can address withdrawal/substitution and so new counsel has time to prepare.
  2. If requesting attorney’s fees in a custody/support case: File a request by proper pleading or motion and be prepared to present financial information showing insufficient means and facts showing good faith. The judge generally must make specific findings to support any award, including that the services were necessary and the fee is reasonable.
  3. If the case is a juvenile court case: Ask the court about appointed counsel based on indigency. In many juvenile matters, the clerk appoints provisional counsel when the petition is filed if the parent is not already represented, and the court confirms or dismisses that appointment at the first hearing after service. The court can revisit eligibility later if finances change.

Exceptions & Pitfalls

  • Assuming court-appointed counsel exists in every custody case: In North Carolina, appointed counsel is common in certain juvenile court cases, but it is generally not available just because a private custody case is expensive.
  • Not formally requesting attorney’s fees: A judge typically cannot award fees under the custody/support fee statute unless the request is properly raised by pleading or motion and supported by evidence. Local rules can also affect timing and format.
  • Not proving “insufficient means” and “good faith”: Courts often look closely at disposable income and available assets, including whether paying fees would unreasonably deplete an estate. Courts also evaluate whether the custody position is pursued in a genuine dispute rather than for an improper purpose.
  • Fee request not tied to custody/support work: Fee awards under the custody/support fee statute must relate to custody/support issues; work outside that scope may not qualify under that statute.
  • Waiting until the last minute to change lawyers: Late withdrawals can lead to continuance fights, rushed preparation, or proceeding without counsel at a critical hearing.
  • Service and notice problems: If there are concerns about not being properly served or about filings that appear inaccurate, those issues usually require prompt, organized action (for example, raising defects by motion and preserving objections) rather than informal complaints.

Conclusion

In North Carolina, when a parent cannot afford current counsel in a custody case, the main options are to change attorneys, use limited-scope representation, and request that the court order a contribution to reasonable attorney’s fees if the parent acts in good faith and has insufficient means. Court-appointed counsel is more likely in juvenile court cases (such as abuse/neglect/dependency or termination of parental rights) if the parent qualifies as indigent. The next step is to file the appropriate motion with the Clerk of Superior Court before the next hearing date.

Talk to a Family Law Attorney

If representation is still needed in a North Carolina custody case but current attorney fees are no longer affordable, our firm has experienced attorneys who can help explain options like changing counsel, limited-scope services, and when a request for attorney’s fees may be available. 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: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.