How Much Does it Cost to File for Custody in NC?

Filing for child custody in North Carolina involves specific steps and associated costs. Child custody cost in NC can vary depending on the situation, so understanding these expenses can help you plan and budget effectively. Below, we’ll break down all the costs and explain what they cover.

1. Filing Fee: $150

The first step in filing for custody is submitting a Complaint for Custody. This document officially opens your case in court. The filing fee for this is $150 in North Carolina as of January 2025.

• The filing fee applies whether the case is a simple custody matter or involves a more complex dispute.
• This fee is necessary to initiate legal proceedings, ensuring your custody claim is reviewed by the court.

2. Sheriff Service Fee: $30 per Person

Once your Complaint for Custody is filed, you must notify the other party (or parties) involved in the case. This is typically done by serving them with a Summons and Complaint. This notification process is an important part of the overall child custody cost in NC.

• If you use the sheriff’s office for this, the service fee is $30 per person served.

For example:

• If you’re filing against one parent, the cost is $30.
• If multiple people, such as both parents or a guardian, are involved, the fee increases proportionally. Serving two people would cost $60.

Using the sheriff for service ensures proper legal notice is given, a critical step for your case to proceed.

3. Calendar Request and Notice of Hearing: $20

If your custody case is disputed and you need a judge to decide on the matter, you’ll need to schedule a court hearing. To do this, you must file a Calendar Request and Notice of Hearing, which costs $20.

• This fee ensures your case is added to the court’s schedule, allowing the judge to review your case and issue a custody order.
• This step is typically necessary if both parents or parties involved cannot agree on custody arrangements.

4. Additional Costs: Attorney Fees

While the above fees cover basic court costs, hiring an attorney is often the most significant expense in custody cases. Attorney fees vary widely and can greatly impact the overall child custody cost in NC, depending on factors such as:

• The complexity of your case.
• The number of court appearances required.
• Whether you and the other parent can agree on custody terms without prolonged litigation.

On average, family law attorneys charge an hourly rate, which can range from $200 to $500 per hour, or a flat fee for handling the case. Attorney fees can quickly add up, significantly increasing the overall child custody cost in NC. However, having professional representation can greatly improve your chances of a favorable outcome, especially in contested cases.

Are There Ways to Reduce Costs?

If paying these fees is a concern, you may have options to reduce the financial burden associated with the child custody cost in NC:

1. Filing for a Fee Waiver

If you cannot afford the court costs, you can request a fee waiver by submitting an Affidavit of Indigency. If approved, this may waive the filing and service fees.

      2. Self-Representation (Pro Se)

Representing yourself in court (called pro se) eliminates attorney fees. However, custody cases can be legally complex, so self-representation should be approached with caution.

    3. Mediation

North Carolina often requires mediation in custody cases. Resolving disputes through mediation, rather than court hearings, can significantly reduce the child custody cost in NC by minimizing court-related expenses and attorney fees.

Why Hire a Family Law Attorney?

While it’s possible to navigate a custody case on your own, hiring an experienced attorney can make a significant difference in the outcome. Attorneys provide:

• Guidance on legal procedures and deadlines.
• Help in gathering and presenting evidence.
• Representation in court to advocate for your best interests.

For example, an attorney can help you understand legal terms, negotiate with the other party, and ensure all court documents are completed accurately. Missteps could delay your case or negatively impact the judge’s decision.

Summary of Court Costs

Here’s a recap of the primary child custody cost in NC for filing custody in North Carolina:

• Filing Fee: $150
• Sheriff Service Fee: $30 per person
• Calendar Request Fee: $20

The total child custody cost in NC would be $200 for one defendant served by the sheriff, excluding attorney fees or other related expenses.

Get Help From a Professional

Filing for custody is a significant legal process that can shape your child’s future. Understanding the child custody cost in NC is crucial as legal fees and court expenses can add up quickly. For the best results, consider consulting a family law expert. Attorney Bennett D. Rainey is an experienced family law attorney and partner at Kurtz Whitley Guy Sanders & Rainey, PLLC, in Winston-Salem, Forsyth County, North Carolina.

Contact Attorney Bennett D. Rainey

• Email: brainey@wsncfamilylaw.com
• Phone: 336-768-1515

With the right preparation and professional guidance, you can navigate the custody process confidently and focus on what matters most—your child’s well-being.