Fill in Your North Carolina 21 Template

Understanding the North Carolina 21 form can be challenging, especially with the various misconceptions surrounding it. Here are ten common misconceptions explained to help clarify the purpose and use of this form.

1. The North Carolina 21 form is only for custody cases. This form is specifically designed for requests related to mediation exemptions in custody and visitation matters, but it can apply to any situation involving parenting disputes.
2. Filing the North Carolina 21 form guarantees a waiver from mediation. While the form requests an exemption, the court ultimately decides whether to grant it based on the reasons provided.
3. You must have a lawyer to file the North Carolina 21 form. Individuals can file the form on their own, but having legal guidance can help ensure that all necessary information is included.
4. All parties must agree to the exemption for it to be granted. Even if one party does not agree, the court may still grant the exemption based on valid reasons such as abuse or neglect allegations.
5. The distance from the court is the only valid reason for exemption. While living more than 75 miles away is a valid reason, there are several other acceptable reasons, including allegations of abuse or psychological issues.
6. The North Carolina 21 form is only for parents. This form can be used by any party involved in custody or visitation disputes, including guardians or other caretakers.
7. You can submit the North Carolina 21 form at any time. There are specific timelines for filing this form, and it should be submitted in accordance with court deadlines.
8. Once filed, the North Carolina 21 form cannot be changed. If new information arises or if circumstances change, parties can submit an amended request to the court.
9. Filing the form automatically stops all mediation processes. The mediation process continues until the court officially grants the exemption requested in the form.
10. There is no need to provide detailed reasons for the exemption. The form requires specific reasons for the request, and providing thorough explanations can significantly impact the court's decision.

By addressing these misconceptions, individuals can better navigate the complexities of the North Carolina 21 form and understand its implications in custody and visitation matters.

The North Carolina 21 form is designed to request a waiver from mediation and the Parenting Apart Program in custody cases. Several other documents serve similar purposes in different contexts. Here’s a list of eight such documents:

• Motion for Summary Judgment: This document requests the court to rule in favor of one party without a trial, similar to how the North Carolina 21 form seeks to bypass mediation.
• Request for Continuance: This form asks the court to postpone a hearing or trial, much like the North Carolina 21 form seeks to delay mediation under certain circumstances.
• Affidavit of Support: This document provides evidence to support a claim, similar to how the North Carolina 21 form requires justification for the waiver request.
• Petition for Protective Order: This document seeks legal protection from harassment or abuse, akin to the North Carolina 21 form’s focus on allegations of abuse or neglect.
• Notice of Intent to Appeal: This form notifies the court of a party's intention to appeal a decision, paralleling the North Carolina 21 form's aim to challenge the mediation requirement.
• Settlement Agreement: This document outlines the terms of a settlement between parties, similar to how the North Carolina 21 form may reference private mediation agreements.
• Application for Temporary Restraining Order: This form requests immediate court intervention to prevent harm, much like the North Carolina 21 form addresses urgent issues in custody cases.
• Motion to Dismiss: This document asks the court to terminate a case, reflecting the North Carolina 21 form's goal to eliminate the need for mediation under specific conditions.

Steps to Writing North Carolina 21

Filling out the North Carolina 21 form requires careful attention to detail. Ensure that all information is accurate and complete to avoid delays in processing your request. Once the form is filled out correctly, it will be submitted to the appropriate court for review.

1. Begin by entering the file number at the top of the form where indicated.
2. Clearly write the name of the Plaintiff in the designated space.
3. In the next section, write the name of the Defendant.
4. Check the box next to "MOTION FOR EXEMPTION FROM MEDIATION AND THE PARENTING APART PROGRAM."
5. Indicate your reason for requesting a waiver by checking the appropriate box(es):
   • The parties have agreed to voluntary private mediation.
   • The party resides more than 75 miles from the court.
   • There are allegations of abuse or neglect of the minor child.
   • There are allegations of alcoholism, drug abuse, or domestic violence.
   • There are allegations of severe psychological, psychiatric or emotional problems.
   • Other good cause (specify).
6. Provide a detailed explanation of the facts supporting your request for waiver in the space provided.
7. Fill in the date at the bottom of the form.
8. Sign the form in the space provided for the signature of the filing party.
9. Make copies of the completed form for all relevant parties: Plaintiff or Plaintiff’s Attorney, Defendant or Defendant’s Attorney, Custody Mediator, and Case Manager.
10. File the original form with the Clerk’s Office.

The North Carolina 21 form is a motion requesting an exemption from mediation and the Parenting Apart Program in custody cases. Various other forms and documents often accompany this motion, each serving a specific purpose in the legal process. Below is a list of these documents.

• Form 19 - Custody Agreement: This form outlines the agreed-upon custody arrangements between the parties. It details the physical and legal custody of the child, including visitation schedules.
• Form 20 - Child Support Guidelines Worksheet: This worksheet is used to calculate child support obligations based on the income of both parents and the needs of the child. It provides a standardized method for determining financial support.
• Form AOC-CV-100 - Complaint for Child Custody: This document initiates a custody case. It provides the court with necessary information about the parties involved and the specific custody issues at hand.
• Form AOC-CV-120 - Answer to Complaint: The responding party uses this form to formally reply to the custody complaint. It allows them to present their position and any counterclaims.
• Form AOC-CV-130 - Motion for Temporary Custody: This motion requests the court to establish temporary custody arrangements while the case is pending. It is crucial for ensuring the child's needs are met during the legal process.
• Form AOC-CV-140 - Parenting Plan: This plan outlines how the parents will cooperate in raising their child post-separation. It covers aspects such as decision-making, communication, and visitation.
• Form AOC-CV-160 - Notice of Hearing: This document informs all parties involved about the scheduled court hearing. It ensures that everyone is aware of the date and time to appear before the court.

These forms and documents are essential for navigating custody cases in North Carolina. They help ensure that all parties are informed and that the best interests of the child are prioritized throughout the legal proceedings.