Dec82025
Family Law Q&A Series

What documents do we need to turn our text‑message agreement into a signed, notarized court order? – North Carolina

Short Answer

In North Carolina, a text-message agreement about changing child custody does not become enforceable until a judge signs a new custody order. To turn the agreement into a signed, notarized consent order, the parties typically need: a motion to modify custody, a written consent order with full terms, notarized signatures, and any required cover sheets or local forms for filing in district court. The judge may review the paperwork on the written filings or may require a brief hearing before entering the order.

Understanding the Problem

The narrow question is: in North Carolina family law, what paperwork is required to take an informal, written custody agreement (for example, a full text-message thread where both parents agree to change the child’s primary residence during the school year) and convert it into a formal, signed, notarized custody order that the court will enforce? The focus stays on modifying an existing North Carolina custody order by consent, not starting a brand-new custody case or litigating a dispute.

Apply the Law

North Carolina law allows a district court to modify an existing custody order, but only through a motion or similar pleading and a new court order. A private agreement, email, or text thread does not by itself change the prior order. Under N.C. Gen. Stat. § 50-13.7, an existing North Carolina custody order can be modified “upon motion in the cause and a showing of changed circumstances,” and other custody statutes such as § 50-13.1 and § 50-13.2 give the district court continuing authority to enter orders that serve the child’s best interests. When both sides agree, judges commonly use consent orders drafted by counsel and signed and notarized by the parties to make the agreed changes legally binding.

Key Requirements

  • Proper pleading on file: There must be a pending action or motion in the existing case (often called a “motion to modify child custody”) that gives the district court power to enter a new order.
  • Written consent order with clear terms: The custody changes must be spelled out in a drafted order that references the prior order, states the modifications, and addresses legal and physical custody, schedules, and any related provisions.
  • Signatures, notarization, and judicial approval: Both parties sign the consent order (typically before a notary), it is filed with the clerk with any required coversheets, and a district court judge reviews and signs it to make it an enforceable court order.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe an existing custody order that has been modified before, and both parents now agree in writing (by text) to move primary residence to one parent during the school year. Under North Carolina law, that agreement alone does not change the existing order; instead, a motion in the cause to modify custody and a consent order reflecting the new terms are needed so the judge can enter a new order. The prior modifications and the text thread can help show a change in circumstances and the parties’ agreement, but the enforceable change occurs only once the signed, notarized order is entered by the district court.

Process & Timing

  1. Who files: Either parent (often the one receiving primary custody) typically files. Where: In the existing custody case in North Carolina District Court (same county where the current order was entered, unless the file has been transferred). What: A “Motion to Modify Child Custody” or similar motion in the cause, along with any required civil cover sheet or domestic cover sheet for that county. When: As soon as the parties reach a clear agreement and before changing the child’s primary residence if possible.
  2. Once the motion is filed, counsel usually prepares a detailed proposed “Consent Order for Child Custody” that references the existing order, states the substantial changes in circumstances, sets out the agreed new schedule (for example, school-year primary custody with one parent and summers with the other), and includes any related provisions (transportation, holidays, decision-making, communications, and so on). Both parties review the draft, sign it, and have their signatures notarized.
  3. The signed, notarized consent order is then submitted to the clerk to be placed in the file and routed to a district court judge. Some counties allow the judge to sign based on the paperwork alone; others may require a brief consent hearing. Once the judge signs and the clerk files and stamps the order, it becomes the new enforceable custody order.

Exceptions & Pitfalls

  • If the existing order comes from another state, North Carolina must first have custody jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act before a North Carolina court can modify it; this can affect what needs to be filed and where.
  • Text messages, emails, or informal writings that are not compiled into a clear, single written agreement can lead to confusion or disputes over what was intended, so the consent order should fully and clearly state all agreed terms instead of incorporating scattered messages by reference.
  • Local rules may require mediation or specific forms even where the parties agree, and courts can decline to sign a proposed consent order if the judge believes it is not in the child’s best interests or if signatures are not properly notarized or the existing case number is not used correctly.

Conclusion

To convert a North Carolina text-message custody agreement into a signed, notarized court order, a parent must proceed through the existing district court case with a proper motion to modify custody and a carefully drafted consent order. The written order should state the changes from the prior order, reflect the agreed schedule and terms, and bear both parties’ notarized signatures. The key next step is to file the motion and proposed consent order in the correct district court so a judge can review and sign it.

Talk to a Family Law Attorney

If an informal text-message agreement needs to become an enforceable North Carolina custody order, our firm has experienced attorneys who can help prepare the right motion and consent order, coordinate notarized signatures, and file everything with the court. 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 any specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If there is 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.