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Fill in Your North Carolina 24 Template

The North Carolina 24 form is a legal document used in the state of North Carolina to request modifications to existing custody or visitation arrangements. It serves as a formal notice of motion, indicating that a party involved in a custody case seeks to change the terms previously established by the court. Understanding this form is crucial for anyone navigating custody issues, as it outlines the necessary steps and information required for a successful modification request.

When navigating the complexities of child custody and visitation in North Carolina, the North Carolina 24 form plays a crucial role in the modification process. This form, officially titled "Notice of Motion to Modify Custody/Visitation," serves as a formal request to the court to change existing custody or visitation arrangements. It is essential for both plaintiffs and defendants to understand its components and implications. The form requires basic information about the parties involved, including addresses and phone numbers, ensuring that all relevant individuals are informed about the motion. Additionally, it confirms that both parties have participated in mandatory mediation programs, which is a vital step in the custody modification process. The document also includes a certificate of service, which verifies that all parties have received a copy of the motion, thereby upholding transparency and communication. Understanding the nuances of this form can empower parents to advocate effectively for their children's best interests while navigating the legal landscape of custody modifications.

Misconceptions

Understanding the North Carolina 24 form can be challenging due to various misconceptions. Here are seven common misunderstandings about this form:

  • It is only for custody modifications. Many believe the North Carolina 24 form is exclusively for modifying custody arrangements. However, it can also address visitation changes, making it applicable to a broader range of custody-related issues.
  • Filing the form guarantees a change in custody or visitation. Filing the form does not automatically result in a modification. The court will review the case and make a decision based on the evidence presented and the best interests of the child.
  • All parties must agree to the modification for the form to be valid. While mutual agreement can simplify the process, it is not a requirement. A party can file the form even if the other party disagrees.
  • Attending mediation is optional. In North Carolina, all parties involved in custody or visitation disputes are required to attend Child Custody Mediation Orientation and the Parenting Apart Program before the court will consider the motion.
  • The form must be filed in person. Many people think they must physically go to the courthouse to file the North Carolina 24 form. However, electronic filing options may be available, depending on the county.
  • Once filed, the process is quick. Some assume that after filing the form, the court will handle the case immediately. In reality, there may be a waiting period for a hearing, and the timeline can vary significantly.
  • The form does not require a lawyer. While individuals can represent themselves, it is advisable to seek legal counsel. A lawyer can provide guidance and ensure that the form is completed correctly, which can help avoid delays or complications.

By addressing these misconceptions, individuals can better navigate the process related to the North Carolina 24 form and understand their rights and responsibilities.

Similar forms

  • Motion to Modify Child Support: Similar to the North Carolina 24 form, this document initiates a request to change existing child support arrangements. It requires both parties to provide financial information and may involve mediation.
  • Notice of Hearing: This document informs parties of an upcoming court date regarding custody or visitation matters. Like the North Carolina 24 form, it ensures that all parties are aware of the proceedings.
  • Child Custody Agreement: This is a formal document outlining the terms of custody between parents. It shares similarities with the North Carolina 24 form in that both address custody arrangements and require mutual consent.
  • Parenting Plan: A detailed plan that outlines how parents will share responsibilities. It is similar to the North Carolina 24 form as it addresses visitation and custody schedules.
  • Motion for Temporary Custody: This document requests immediate custody changes, often in urgent situations. It parallels the North Carolina 24 form in its focus on custody matters.
  • Affidavit of Financial Support: This document provides financial details relevant to custody and support cases. It is similar to the North Carolina 24 form in that it requires transparency about financial situations.
  • Child Visitation Schedule: This outlines specific times and conditions for visitation. Like the North Carolina 24 form, it aims to clarify and formalize visitation rights.
  • Notice of Modification of Custody: This informs the court and parties involved about changes to existing custody arrangements. It shares the same purpose as the North Carolina 24 form in modifying custody terms.
  • Certificate of Service: This document confirms that all parties have received necessary filings. It is akin to the North Carolina 24 form’s requirement for notifying involved parties.
  • Request for Mediation: This document seeks to resolve custody disputes through mediation. It is similar to the North Carolina 24 form, as both emphasize mediation as a step in custody matters.

Steps to Writing North Carolina 24

Filling out the North Carolina 24 form is an important step in the legal process regarding custody and visitation modifications. After completing this form, you will need to file it with the appropriate court and ensure that all parties involved receive a copy.

  1. Begin by entering the file number at the top of the form where it says "File No." This number is usually assigned by the court.
  2. In the section labeled "CVD-________________," write the case number associated with your custody case.
  3. Fill in the names of the parties involved in the case. Write the name of the plaintiff in the first blank and the name of the defendant in the second blank.
  4. Indicate the date when all parties attended Child Custody Mediation Orientation and Parenting Apart Program. Write this date in the space provided.
  5. Provide the plaintiff’s address in the designated area. Include both street address and city/state/zip code.
  6. List the plaintiff’s phone numbers, including home and cell numbers, in the appropriate spaces.
  7. Next, fill in the defendant’s address in the same manner as the plaintiff’s address.
  8. Enter the defendant’s phone numbers, again including both home and cell numbers.
  9. Write the date of filing in the space provided, and sign your name or the name of the attorney filing the motion.
  10. In the "CERTIFICATE OF SERVICE" section, indicate how you will serve a copy of this notice. Write the method used (e.g., by mail) and fill in the addresses for both the plaintiff and defendant.
  11. Finally, make sure to include any attorneys' names and contact information in the "CC" section if applicable.

North Carolina 24 Example

 

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

Documents used along the form

The North Carolina 24 form is a critical document used in family law cases, particularly for modifying custody or visitation arrangements. When filing this motion, it is often necessary to accompany it with other forms and documents that provide additional information or fulfill legal requirements. Below is a list of commonly used forms alongside the North Carolina 24 form.

  • Child Custody Mediation Agreement: This document outlines the terms agreed upon during mediation regarding child custody and visitation. It serves as a record of the parties' negotiations and can be submitted to the court for approval.
  • Parenting Plan: A detailed plan that specifies how parents will share responsibilities and time with their child. This plan includes schedules, decision-making processes, and communication methods between parents.
  • Affidavit of Financial Standing: This form provides information about the financial situation of both parents. It may include income, expenses, and any other financial obligations that could impact custody decisions.
  • Notice of Hearing: This document informs all parties involved about the date and time of the hearing regarding the motion to modify custody or visitation. It ensures that everyone has the opportunity to attend and present their case.
  • Certificate of Service: This form certifies that all parties have been properly notified of the motion and any related documents. It is essential for ensuring that the legal process is followed correctly.
  • Child Support Worksheet: If the modification involves changes to child support, this worksheet calculates the amount of support based on the parents' financial information and the needs of the child.
  • Motion for Temporary Orders: In some cases, a party may request temporary custody or visitation arrangements while the modification is being considered. This motion outlines the need for immediate relief.
  • Verification of Attendance: This document verifies that both parties have attended required programs, such as mediation or parenting classes, which may be mandated by the court.
  • Response to Motion: If one party contests the motion to modify, they may file a response outlining their objections and providing their perspective on the custody situation.

Understanding these forms and documents is essential for navigating the custody modification process in North Carolina. Properly preparing and submitting the necessary paperwork can significantly impact the outcome of your case. Always consider seeking guidance to ensure all requirements are met effectively.