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Filing a Motion To Modify a Custody Order in NC To change a permanent custody order, a parent or guardian who is a party to the custody arrangement must file a Motion to Modify. The motion must assert that: There has been a substantial change in circumstances since the original custody order was entered.

Custody Law FAQs There is a $20 fee to file for a Motion for Modification of Custody or Visitation Order in North Carolina. This motion must be signed in front of a notary public. There may be other costs for modification, such as legal representation or court costs if you enter a hearing.

Write your legal argument by stating the rule and explaining how your facts apply to it. Then, add your signature, a Certificate of Service, and a Notice of Hearing. File your motion with the clerk of court overseeing your case. Then, give copies to each defendant.

The motion must be filed with the clerk of court in the district where the defendant was indicted, and be served on the district attorney. See G.S. 15A-1420(b1). The clerk must put the matter on the calendar, and promptly bring it to the attention of the senior resident superior or district court judge.

Special Proceedings involve cases such as foreclosures, motor vehicle liens, name changes, adoptions, partitions of real property, incompetency and guardianship proceedings.

Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion ?filed,? place the original in the Court file and return two (2) copies of the ?filed? document to you.