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In North Carolina, the 24 form plays a crucial role in family law, specifically when it comes to modifying custody or visitation arrangements. This form is utilized in cases where one party seeks to change existing custody agreements, highlighting the importance of effective communication and cooperation between parents. The process begins with the filing of a Motion to Modify, which must be completed by the plaintiff and served to the defendant. Both parties are required to attend Child Custody Mediation Orientation and the Parenting Apart Program, ensuring they are equipped with the necessary tools to navigate the complexities of co-parenting. The form captures essential information such as the addresses and contact numbers for both the plaintiff and defendant, facilitating direct communication throughout the process. Additionally, it includes a Certificate of Service section, confirming that all parties have received the necessary documentation. This form not only serves as a legal document but also emphasizes the commitment to the well-being of the child involved, making it an integral part of the custody modification journey.

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FORM #24

NORTH CAROLINA

IN THE GENERAL COURT OF JUSTICE

UNION COUNTY

DISTRICT COURT DIVISION

 

File No. ____ CVD-________________

______________________________

 

Plaintiff

 

 

NOTICE OF MOTION TO

vs.

MODIFY

 

CUSTODY / VISITATION

______________________________

 

Defendant

 

The

plaintiff

defendant has filed a Motion to Modify in the above case.

All parties have attended Child Custody Mediation Orientation and Parenting Apart Program on or about ______________________________ (date)

Plaintiff’s address: ___________________________________________________________

___________________________________________________________

Plaintiff’s phone numbers: (home) _________________________________________

(cell) _________________________________________

Defendant’s address: ___________________________________________________________

___________________________________________________________

Defendant’s phone numbers: (home)

__________________________________________

(cell)

__________________________________________

QUESTIONS MAY BE DIRECTED TO THE CUSTODY MEDIATOR.

 

704-296-6007

_______________________

____________________________________

Date

Filing party or attorney

CERTIFICATE OF SERVICE

I HEREBY CERTIFY THAT A COPY OF THIS NOTICE OF MOTION TO MODIFY BEEN SERVED IN THE FOLLOWING MANNER:

By depositing a copy in the United States mail in a properly addressed, postpaid envelope to:

Plaintiff at _______________________________________________________________

Defendant at _____________________________________________________________

Plaintiff’s Attorney

Defendant’s Attorney

CC: Mediator

Form Specifications

Fact Name Description
Form Title This form is officially known as the "Notice of Motion to Modify Custody/Visitation." It is used in custody cases.
Governing Law The form is governed by North Carolina General Statutes, specifically Chapter 50, which covers custody and visitation laws.
Filing Party The party seeking to change custody or visitation is referred to as the plaintiff. This person initiates the motion.
Defendant The other party involved in the case is called the defendant. This person responds to the plaintiff's motion.
Mediation Requirement All parties must attend Child Custody Mediation Orientation and Parenting Apart Program before filing the motion.
Contact Information The form requires the addresses and phone numbers for both the plaintiff and defendant, ensuring clear communication.
Filing Date The date of filing is important. It should be clearly indicated in the designated space on the form.
Certificate of Service A section at the end certifies that a copy of the notice has been sent to the other party and their attorney.
Mediator Contact Questions regarding the motion can be directed to the custody mediator, with a contact number provided on the form.

North Carolina 24: Usage Guidelines

Filling out the North Carolina 24 form is an important step in your custody or visitation modification process. After completing the form, you will need to submit it to the court and ensure all parties involved receive a copy. Here are the steps to help you fill out the form accurately.

  1. Begin by entering the file number at the top of the form where it states "File No."
  2. Fill in the names of the plaintiff and defendant in the designated spaces.
  3. Indicate the date when all parties attended Child Custody Mediation Orientation and Parenting Apart Program.
  4. Provide the plaintiff's address in the space provided, ensuring it is complete and accurate.
  5. List the plaintiff's phone numbers, including both home and cell numbers.
  6. Next, fill in the defendant's address with the same attention to detail.
  7. List the defendant's phone numbers, including home and cell numbers.
  8. Sign and date the form where indicated for the filing party or attorney.
  9. In the Certificate of Service section, indicate how you are serving the notice. Choose to mail it by writing "By depositing a copy in the United States mail" and fill in the addresses for both the plaintiff and defendant.
  10. Finally, ensure you include the names of the plaintiff's and defendant's attorneys, if applicable, and the mediator's name.

Your Questions, Answered

What is the North Carolina 24 form?

The North Carolina 24 form is a legal document used to notify the court and involved parties of a motion to modify custody or visitation arrangements. It is filed in the District Court Division of the General Court of Justice in North Carolina.

Who can file the North Carolina 24 form?

Either the plaintiff or the defendant in a custody case can file the North Carolina 24 form. This form is typically used when one party seeks to change existing custody or visitation orders.

What information is required on the form?

The form requires basic information, including the names of the parties involved, their addresses, phone numbers, and the date of the Child Custody Mediation Orientation and Parenting Apart Program attendance. It also includes a section for the case file number.

What is the purpose of the notice of motion?

The notice of motion informs all parties involved that a motion to modify custody or visitation has been filed. This ensures that everyone is aware of the request and can prepare for any upcoming court proceedings.

Is mediation required before filing the form?

Yes, all parties must attend Child Custody Mediation Orientation and the Parenting Apart Program before filing the motion. This requirement aims to encourage amicable resolutions and reduce court involvement.

How do I serve the notice of motion?

You must serve the notice of motion by mailing a copy to the involved parties. The form includes a certificate of service section where you confirm that the notice has been sent to the plaintiff, defendant, and their attorneys, if applicable.

What happens after I file the North Carolina 24 form?

After filing the form, the court will schedule a hearing to review the motion. Both parties will have the opportunity to present their cases, and the judge will make a decision based on the best interests of the child.

Can I modify custody or visitation without filing this form?

No, you cannot legally modify custody or visitation arrangements without filing the North Carolina 24 form. Changes must be documented and approved by the court to be enforceable.

What if I need help completing the form?

If you need assistance with the North Carolina 24 form, consider consulting with a family law attorney. They can provide guidance on how to fill out the form correctly and help you understand the modification process.

Where do I file the North Carolina 24 form?

The form should be filed at the District Court in the county where the original custody order was issued. Make sure to check with the court for any specific filing requirements or fees.

Common mistakes

  1. Failing to include the file number. This is crucial for the court to identify your case.

  2. Not providing accurate contact information for both the plaintiff and defendant. Ensure all addresses and phone numbers are current.

  3. Missing the date of attendance for the Child Custody Mediation Orientation. This detail is essential for the court's records.

  4. Neglecting to sign the form. A missing signature can delay the processing of your motion.

  5. Inaccurate or incomplete information in the Certificate of Service section. Make sure to specify how and to whom the notice was served.

  6. Forgetting to notify the mediator of any changes in contact information. Keeping the mediator informed is important for communication.

  7. Using outdated forms. Always ensure you are using the most current version of the North Carolina 24 form.

Documents used along the form

In family law, particularly in North Carolina, various forms and documents often accompany the North Carolina 24 form, which pertains to modifying custody or visitation arrangements. Each document serves a specific purpose in the legal process, ensuring that all parties are informed and that the court has the necessary information to make decisions. Below is a list of relevant forms that may be used alongside the North Carolina 24 form.

  • Child Custody Mediation Orientation Certificate: This document confirms that all parties have attended the mandatory orientation session. It is essential for ensuring that parents understand the mediation process before proceeding with custody modifications.
  • Parenting Apart Program Certificate: Similar to the mediation orientation, this certificate verifies attendance in a program designed to help parents navigate the challenges of co-parenting after separation or divorce.
  • Motion for Temporary Custody: This form allows a party to request temporary custody arrangements while the court considers the motion to modify custody or visitation. It is often used in urgent situations where immediate changes are necessary.
  • Affidavit of Financial Disclosure: This document provides the court with information about each party's financial situation. It may be relevant in cases where financial stability impacts custody or visitation decisions.
  • Child Support Worksheet: This form calculates the expected child support obligations based on the income of both parents. It is often submitted alongside custody modification requests to ensure financial considerations are addressed.
  • Notice of Hearing: This document informs all parties involved of the date and time of the court hearing regarding the motion to modify custody or visitation. It ensures that everyone has the opportunity to present their case.
  • Response to Motion to Modify Custody: If a party wishes to contest the motion, they may file this response, outlining their reasons for opposing the proposed changes in custody or visitation arrangements.
  • Parenting Plan: This document outlines the proposed custody and visitation schedule, detailing how parents will share responsibilities and time with their children. It serves as a guide for the court's decision-making.
  • Certificate of Service: This form certifies that all parties have been properly notified of the motion and any related documents, ensuring compliance with legal requirements for communication.

Understanding these documents is crucial for anyone navigating the complexities of custody and visitation modifications in North Carolina. Each form plays a vital role in the legal process, helping to ensure that the best interests of the child are prioritized while also providing a fair opportunity for all parties to be heard.

Similar forms

The North Carolina 24 form, which is a Notice of Motion to Modify Custody/Visitation, shares similarities with several other legal documents commonly used in family law. Each of these documents serves a specific purpose in the process of modifying custody arrangements or addressing visitation issues. Below are ten documents that are similar to the North Carolina 24 form:

  • Motion to Modify Child Support: Like the North Carolina 24 form, this document is used to request changes in financial support obligations. It outlines the reasons for the modification and provides relevant details about the current support arrangement.
  • Petition for Custody: This document initiates a request for custody of a child. Similar to the North Carolina 24 form, it requires information about the parties involved and the child's best interests.
  • Response to Motion to Modify Custody: This form allows the opposing party to respond to the motion filed, just as the North Carolina 24 form allows for the initiation of modification requests.
  • Child Custody Agreement: This document outlines the terms agreed upon by both parents regarding custody and visitation. It relates to the North Carolina 24 form as it may be modified through a motion like the one specified in the form.
  • Visitation Schedule: This document details the times and conditions under which a non-custodial parent can visit their child. It parallels the North Carolina 24 form in addressing visitation rights.
  • Motion for Emergency Custody: This urgent request seeks immediate changes in custody arrangements. Similar to the North Carolina 24 form, it must demonstrate a significant change in circumstances.
  • Notice of Hearing: This document notifies all parties of a scheduled court hearing regarding custody or visitation. It is similar in function to the North Carolina 24 form, which also involves court proceedings.
  • Affidavit in Support of Modification: This sworn statement provides evidence to support a motion for modification. It complements the North Carolina 24 form by providing additional context and justification for the requested changes.
  • Parenting Plan: This document outlines how parents will raise their child post-separation. It relates to the North Carolina 24 form as it may be adjusted through motions like the one described in the form.
  • Final Custody Order: This is the court's final decision regarding custody arrangements. It is similar to the North Carolina 24 form because modifications to existing orders may be requested through motions like this one.

Dos and Don'ts

When filling out the North Carolina 24 form, it's essential to follow specific guidelines to ensure accuracy and compliance. Here are five things you should and shouldn't do:

  • Do provide complete and accurate information for both the plaintiff and defendant, including addresses and phone numbers.
  • Don't leave any sections blank. Incomplete forms can lead to delays in processing your motion.
  • Do ensure that all parties have attended the required Child Custody Mediation Orientation and Parenting Apart Program before filing.
  • Don't forget to sign and date the form. An unsigned form may be considered invalid.
  • Do keep a copy of the completed form for your records, as well as for any future reference.

Following these guidelines will help streamline the process and reduce potential issues with your motion to modify custody or visitation.

Misconceptions

Misconceptions about the North Carolina 24 form can lead to confusion. Here are ten common misunderstandings:

  1. Only the plaintiff can file a motion to modify custody. Both parties can file a motion if they believe a modification is necessary.
  2. The form is only for custody modifications. It can also be used to modify visitation arrangements.
  3. Attending mediation is optional. All parties must attend Child Custody Mediation Orientation before the court will consider modifications.
  4. Filing the form guarantees a change in custody or visitation. The court must review the case and determine if a modification is in the child's best interest.
  5. There is no deadline for filing. Timeliness is crucial; delays can impact the outcome of the motion.
  6. The motion must be filed in person. It can often be submitted by mail, depending on local court rules.
  7. Service of the notice is not important. Proper service is required to ensure all parties are informed of the motion.
  8. Only attorneys can file this form. Individuals representing themselves can also file the motion.
  9. Once filed, the process is quick. The timeline can vary significantly based on court schedules and mediation availability.
  10. Changes can be made without court approval. Any modification to custody or visitation must be approved by the court.

Understanding these misconceptions can help individuals navigate the process more effectively.

Key takeaways

Understanding the North Carolina 24 form is essential for anyone involved in custody and visitation modification cases. Here are some key takeaways to keep in mind:

  • Purpose of the Form: The North Carolina 24 form is used to formally notify the court and other parties about a motion to modify custody or visitation arrangements.
  • Mediation Requirement: All parties must attend Child Custody Mediation Orientation and the Parenting Apart Program before filing this motion. This step is crucial for promoting cooperative parenting.
  • Accurate Information: It is important to provide accurate contact details for both the plaintiff and the defendant, including addresses and phone numbers. This ensures that all parties can be reached for further communication.
  • Certificate of Service: The form requires a certificate of service, confirming that the notice has been properly served to all relevant parties. This includes mailing copies to the plaintiff and defendant, as well as their attorneys.