Modification of Custody


My husband and I went through the same thing a few years back. We did have to retain an attorney to do the actual paperwork - and it was well worth the $250 we spent to have all the forms filled out correctly and filed. There were so many “coversheets” that had to be done, and we never would have gotten it right the first time. In wake county, with a prior court order in place it’s called a “Motion in the Cause”. If you’re in wake county, then mediation will automatically be the next step - she won’t have a choice. Wake county has a mandatory mediation through the court system (doesn’t cost anything) before the matter will be heard by the judge. Good luck to you!


You are not required to hire an attorney, however, you must file the appropriate pleadings with the court and there is not a form that you can use for this process that is provided by the state. As usual, I suggest hiring counsel. You only get one shot at this and you want it done right.

Good luck.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


I was under the impression that all one had to do to seek a modification of a custody order was go down to the Clerk of Court’s office and fill out a form. We went down there today, and the Clerk of Court said we needed to get an attorney. Is there any way to go before a judge on a custody issue without an attorney? We saw the mediation forms on the website, but she will not agree to mediation. What are our other options?