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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.

Court Fees Filing a civil action (includes a $52.00 administrative fee) The administrative fee does not apply to applications for a writ of habeas corpus or to persons granted in forma pauperis status under 28 U.S.C § 1915.$402.00Filing any document that is not related to a pending case or proceeding$49.0021 more rows • Dec 1, 2020

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.

In effect, in both kinds of cases, the lawyer asks the judge to direct a verdict for the defendant. The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence.

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.