Form instructions for Modification of Custody/Visitation by Defendant

There is currently an order of custody in place and I am trying to submit forms to modify the current order to the same court that the previous orders were issued in. I understand that some information does not change, such as who the plaintiff and defendant are or the case file number but I’m having an issue filling out the Civil Summons form. If I fill out the “Civil Summons” (AOC-CV-100) form as the defendant, as identified in the previous order, the form is misleading. It would imply that I, the defendant, am filing a civil action against the plaintiff but I’ll be serving myself, as the “Return of Service” implies that the defendant was served. So, what is the correct way to fill this form out as the defendant in a motion to modify the current custody and visitation order?

You can draft your own “Return of Sheriff” that has the correct information that you need to accurately indicate who you are serving, what you are serving, etc. This would follow the Civil Summons except it would indicate that you’re serving a motion rather than a new civil lawsuit, among other changes. Or, you can serve the other party by certified or registered mail, rather than by sheriff deputy, and eliminate the need for either document.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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