Is there a way to file separation papers through the clerk of court, what about child custody? I do not have the funds to obtain a lawyer and legal aid in Caldwell county does not do family law. I’m at a loss as to what to do.

You may file an action for child custody on your own. There is no legal separation in NC, if you are living separate and apart from your spouse, you are separated.

How do I file for custody on my own?? I called the clerk of court in Caldwell county and they said they could not give legal advise and they did not have paperwork for child custody.

You must draft a Complaint for custody. Some counties have do –it your-self centers for pro-se litigants which have forms and instructions for litigating custody without a lawyer. If your county does not have such a service, you may try and obtain the material from a neighboring county, or check out our DIY service, which you can read about in the side bar of this website.