How to file Consent Order for child custody


#1

In 2008 I had to send my daughter to live with my father and stepmother and had to give them custody to put her in school. We are currently trying to get custody transferred back to me. I talked to a lawyer and she said we could try a consent order and she typed one up for me that also covers the motion to modify part. I know that I am supposed to get it signed and notarized by all parties and take it to the court house and put it in the judge’s box. I live in Johnston county by the way. My question is, do I need to get 3 copies of the consent order signed and notarized and place all of them in the judge’s box, or do I need to get one copy signed and notarized and make two copies of the signed order to put in the judges box? Also, do I need to put 3 copies in the judge’s box or just one? I’ve heard some people say one thing and some people say something else. The lawyer I talked to said to just get one copy signed and notarized and make two copies of it and I can put all three in the judge’s box if I want to. I’m still a little confused. Any information would be greatly appreciated! Thank you!


#2

You will need three originals of the Order signed by all parties. This ensures the court will retain an original, and each party will also have one.


#3

Thanks for answering my question. I just have a couple more. Would I need a “Domestic Civil Cover Sheet” for when I turn the Orders in? I downloaded one, but have no idea to fill it out. Do you think the clerk will help me fill it out at all if I need it? And also when I get the three originals of the Order, do I bring them all to the courthouse and turn all three in? Or do I just bring them and show the clerk that I have all three and leave just one in the judge’s box? Thank you again for answering my questions! I appreciate it so much!


#4

If you are submitting Consent Orders for signature, that means there is already an action pending, so there is no need to include a Domestic Civil Action Coversheet.

You will need to submit all three Orders to the judge so that they can all be signed and entered. I suggest you include a self addressed stamped envelope so the Orders can be returned to you. You will keep one, and mail one to the opposing party.


#5

Thank you so much! You have really clarified it all for me. I think that’s all of the questions I have, but if something else pops up, I’ll be sure to post it. You’re a life saver! I’m much more confident about doing this now. Thanks again!


#6

You are very welcome. Best of luck!


#7

Oh, wait, just thought of another question. Now the Order I am submitting is for a custody order that has already been ordered. The lawyer who drafted it for me tried to word it to where it includes the Motion to Modify. Now, since, the custody has already been ordered and isn’t still pending, would I need the cover sheet then or no?


#8

No you do not need it, the coversheet is only used when an original action is filed. A modification is part of an earlier filed action.


#9

Great! Thank you!


#10

Quick question. I’m going to drop the Consent Order for child custody off tomorrow and I was wondering if I need to drop it in the Superior Court Judge’s box or the Civil Court Judge’s box? It’s for Johnston county. Thanks again for all your help!


#11

It would be civil district court.


#12

Thank you very much!


#13

You are welcome.


#14

I am attempting to get my current custody agreement set legally in the form of a consent order as well. I would like to find a sample consent order for child custody as I cannot afford to have a lawyer draw one up for me. Do you know where I could find a sample and do this custody agreement DIY style? Thank you for any information.


#15

There are orders for approving parental agreements in the DIY section of this site.

A sample custody consent orders are available at:

http://www.rosen.com/childsupport/csupportforms/consent-agreement-and-order-to-modify-child-support-order/
http://www.docstoc.com/docs/77352830/Nc-Child-Custody-Consent-Order

Not sure which is the best for your case, but there they are.

NOT AN ATTORNEY