STATE OF NORTH CAROLINA In the General Court of Justice

County of _______________________ District Court Division

File _________________________

)
________________________________ )
Name of Plaintiff )
)
v. ) COMPLAINT FOR CUSTODY
) VISITATION
) [COMP CUST/VIST]
)
________________________________ )
Name of Defendant )

NOW COMES THE PLAINTIFF, complaining of the Defendant, and alleges and says:

1. The Plaintiff is a resident and citizen of ___________________ County, in the State of North Carolina
.

2. The Defendant is a resident and citizen of _________________ County, in the State of ___________________.

3. The parties (check one)

are married but living separate and apart.
are divorced.
have never been married.

4. The parties are the parents of the following child[ren]: ______________________________________________

___________________________________________________________________________________________

5. FIRST CHILD. During the past five (5) years the minor child, ____________________________________,
born on _______________________ has lived as follows:

Period Of Residence
Address Name of Person Present Address Of Person
Dates
Lived With
From To

Present

1
(Check ONLY those that apply)

I have participated in litigation concerning the custody of the above named child.

Name of Court Case Number Date of Decision

___________________________ ___________________________ ___________________________

I have information of a lawsuit concerning the above named child in a court in North Carolina or another state.

Name of Court Case Number Nature of Proceeding

___________________________ ___________________________ ___________________________

I know of a person as listed below, who has Physical Custody Claimed Custody Claimed Visitation
Rights with respect to the above named child.

Name and Address of Person(s)

_____________________________________________________________________________________

_____________________________________________________________________________________

(Use only if another child. Use additional pages as necessary.)

SECOND CHILD. During the past five (5) years the minor child, _________________________________, born
on _______________________ has lived as follows:

Period Of Residence
Name of
Address Present Address Of Person
Dates Person Lived
From To With

Present

2
(Check ONLY those that apply)

I have participated in litigation concerning the custody of the above named child.

Name of Court Case Number Date of Decision

_______________________ ________________________ ________________________

I have information of a lawsuit concerning the above named child in a court in North Carolina or another state.

Name of Court Case Number Nature of Proceeding

_________________________ _________________________ ________________________

I know of a person as listed below, who has Physical Custody Claimed Custody Claimed Visitation
Rights with respect to the above named child.

Name and Address of Person(s)

_____________________________________________________________________________________

_____________________________________________________________________________________

6. The Plaintiff is a fit and proper person to have custody of the child[ren]. It is in the child[ren]s best interest
that the Plaintiff be awarded custody visitation.

7. The parties have been unable to agree on a custody and visitation schedule with the child[ren].

8. This Court has jurisdiction to hear this custody case because (check one):
The child[ren] has/have lived in North Carolina for the past six months.
The child[ren] is/are less than six months old and has/have lived in North Carolina since the
child[ren]s birth or for a majority of the child (ren)s life.

WHEREFORE, THE PLAINTIFF PRAYS OF THE COURT:

1. For an Order giving Plaintiff temporary and permanent custody or temporary and permanent visitation
of the child[ren] listed above.

2. For such other relief as may be proper, just and lawful.

Respectfully submitted;

This, the _____ day of ______________, 20___.

Signature of Plaintiff Mailing Address of Plaintiff

___________________________________ ______________________________
Telephone Number
______________________________
___________________________________

3
STATE OF NORTH CAROLINA

_________________ COUNTY

VERIFICATION

_______________________, being first duly sworn, deposes and says:

That (s)he is the Plaintiff in the foregoing action and that (s)he has read the contents of the foregoing

Complaint and know the contents thereof, and that they are true to his/her own knowledge, except as to those

matters alleged upon information and belief, and as to those matters, (s)he believes them to be true.

This is the ____ day _________, 20___.

___________________________________
Signature of Plaintiff

__________________ County, North Carolina

Sworn to (or affirmed) and ascribed before me,

this date by ___________________________

Date: _____________

(Official Seal) _____________________________________

Official Signature of Notary
___________________________, Notary Public
Notarys Printed or typed name

My commission expires: ______________

4
 File No.
STATE OF NORTH CAROLINA

______________________ County In the General Court Of Justice

District Superior Court Division
Name Of Plaintiff

Address
CIVIL SUMMONS
City, State, Zip ALIAS AND PLURIES SUMMONS (ASSESS FEE)

VERSUS G.S. 1A-1, Rules 3,4

Name Of Defendant(s) Date Original Summons Issued

Date(s) Subsequent Summons(es) Issued

To Each Of the Defendant(s) Named Below:

Name And Address Of Defendant 1 Name And Address Of Defendant 2

A Civil Action Has Been Commenced Against You!

You are notified to appear and answer the complaint of the plaintiff as follows:

1. Serve a copy of your written answer to the complaint upon the plaintiff or plaintiffs attorney within thirty (30) days after
you have been served. You may serve your answer by delivering a copy to the plaintiff or by mailing it to the plaintiffs
last known address, and

2. File the original of the written answer with the Clerk of Superior Court of the county named above.

If you fail to answer the complaint, the plaintiff will apply to the Court for the relief demanded in the complaint.
Name And Address Of Plaintiffs Attorney (If None, Address Of Plaintiff) Date Issued Time
AM
PM
Signature

Deputy CSC Assistant CSC Clerk Of Superior Court

Date Of Endorsement Time

AM
ENDORSEMENT (ASSESS FEE)
PM
This Summons was originally issued on the date Signature
indicated above and returned not served. At the request
of the plaintiff, the time within which this Summons must
be served is extended sixty (60) days. Deputy CSC Assistant CSC Clerk Of Superior Court

NOTE TO PARTIES: Many counties have MANDATORY ARBITRATION programs in which most cases where the amount in controversy is $15,000 or
less are heard by an arbitrator before a trial. The parties will be notified if this case is assigned for mandatory arbitration, and, if
so, what procedure is to be followed.

AOC-CV-100, Rev. 6/11 (Over)

2011 Administrative Office of the Courts
 RETURN OF SERVICE

I certify that this Summons and a copy of the complaint were received and served as follows:
DEFENDANT 1
Date Served Time Served Name Of Defendant

AM PM

By delivering to the defendant named above a copy of the summons and complaint.

By leaving a copy of the summons and complaint at the dwelling house or usual place of abode of the defendant named
above with a person of suitable age and discretion then residing therein.

As the defendant is a corporation, service was effected by delivering a copy of the summons and complaint to the
person named below.
Name And Address Of Person With Whom Copies Left (if corporation, give title of person copies left with)

Other manner of service (specify)

Defendant WAS NOT served for the following reason:

DEFENDANT 2
Date Served Time Served Name Of Defendant

AM PM

By delivering to the defendant named above a copy of the summons and complaint.

By leaving a copy of the summons and complaint at the dwelling house or usual place of abode of the defendant named
above with a person of suitable age and discretion then residing therein.

As the defendant is a corporation, service was effected by delivering a copy of the summons and complaint to the
person named below.
Name And Address Of Person With Whom Copies Left (if corporation, give title of person copies left with)

Other manner of service (specify)

Defendant WAS NOT served for the following reason:

Service Fee Paid Signature Of Deputy Sheriff Making Return

$

Date Received Name Of Sheriff (Type Or Print)

Date Of Return County Of Sheriff

AOC-CV - 100, Side Two, Rev. 6/11

2011 Administrative Office of the Courts
 File No.
STATE OF NORTH CAROLINA
In the General Court Of Justice
__________________________________ County
District Superior Court Division
Name of Plaintiff

PETITION TO SUE/APPEAL/FILE MOTIONS

VERSUS
AS AN INDIGENT
Name of Defendant
G.S. 1-110; 7A-228

AFFIDAVIT
(check one of the three boxes below)
Petition To Sue - As a plaintiff in the above entitled action, I affirm that I am financially unable to advance
the required costs for the prosecution of this action. Therefore, I now petition the Court for an order allowing me to
bring suit in this action as an indigent.
I am an inmate in the custody of the Department of Correction.
(Note To Clerk: If this block is checked, this Petition must be submitted to a Superior Court Judge for disposition provided on the reverse.)

Petition To File Motions - As a defendant debtor in the above entitled action, I affirm that I am financially
unable to advance the required costs to file a motion. Therefore, I now petition the Court for an order allowing me to file
my motion as an indigent.
Petition To Appeal - As the individual appellant in the above entitled small claims action, I affirm that I am financially
unable to pay the cost for the appeal of this action from small claims to district court. Therefore, I now petition the Court
for an order allowing me to appeal this action to district court as an indigent.
(check one or more of the boxes below as applicable)
I am presently a recipient of
food stamps. Aid to Families With Dependent Children (AFDC). Supplemental Security Income (SSI).
I am represented by a legal services organization that has as its primary purpose the furnishing of legal services to
indigent persons, or I am represented by private counsel working on behalf of such a legal services organization.
(Attach a letter from your legal services attorney or have your attorney sign the certificate below.)
Although I am not a recipient of food stamps, AFDC or SSI, nor am I represented by legal services, I am financially
unable to advance the costs of filing this action or appeal.
SWORN AND SUBSCRIBED TO BEFORE ME Date

Date Signature Signature of Petitioner

Title of Person Authorized To Administer Oaths Name And Address Of Petitioner (Type Or Print)

Date Commission Expires

SEAL
CERTIFICATE OF LEGAL SERVICES/PRO BONO REPRESENTATION
I certify that the above-named petitioner is represented by a legal services organization that has as its primary purpose the
furnishing of legal services to indigent persons or is represented by private counsel working on behalf of or under the
auspices of such legal services organization.
Date Signature

Name And Address (Type or Print)

ORDER
Based on the Affidavit appearing above, it is ORDERED that:
the petitioner is authorized to bring suit, to appeal, or file motions in this action as an indigent.
the petition is denied.
Date Signature Assistant CSC Clerk Of Superior Court
Judge Magistrate (for appeal only)

NOTE TO CLERK: If the petitioner is NOT a recipient of food stamps, AFDC, SSI or is NOT represented by legal services or a private attorney on
behalf of legal services, you may ask for additional financial information to determine whether the petitioner is unable to pay the costs.

AOC-G-106, Rev. 1/12

2012 Administrative Office of the Courts (Over)
 ORDER - DAC INMATES

The undersigned superior court judge of this district finds that the petitioner is an inmate in the custody of the Division of Adult Correction
and that the complaint

is not frivolous.
is frivolous.

It is ORDERED that

the petitioner is authorized to sue in this action as an indigent.

the petitioner is not authorized to sue as an indigent.
the action is dismissed.

Date Name of Superior Court Judge (Type or Print) Signature Of Superior Court Judge

CERTIFICATION

I certify that this Petition has been served on the party named by depositing a copy in a post-paid properly addressed
envelope in a post office or official depository under the exclusive care and custody of the United States Postal Service.

Date Signature
Deputy CSC Assistant CSC Clerk of Superior Court

NOTE: G.S. 1-110(b) provides: The Clerk of Superior Court shall serve a copy of the order of dismissal upon the prison inmate.

AOC-G-106, Side Two, Rev. 1/12

2012 Administrative Office of the Courts
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STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
COUNTY OF ________________ DISTRICT COURT DIVISION
______-CVD-_____________

____________________________,
Plaintiff
AFFIDAVIT OF RETURN OF SERVICE
v.
BY CERTIFIED MAIL
____________________________,
Defendant.

I, ________________________, the Plaintiff in this action for custody/visitation, being first duly
sworn, depose, say and certify that:

1. A copy of the civil summons and complaint in the above-entitled action was deposited in
the U.S. Mail and mailed via certified mail, return receipt requested, to the Defendant.

2. The same was mailed to the Defendant at the following address:

_____________________________________________________________________

3. The summons and complaint were in fact received by Defendant on

_____________________, as evidenced by the attached return receipt.

This is the _____ day of ________________, 20___.

________________________________
Plaintiffs SIGNATURE
_________________________________
Plaintiffs Mailing Address
_________________________________
City, State, Zip

_________ County, North Carolina

Sworn to (or affirmed) and ascribed before me,

this date by ___________________________

Date: _____________

(Official Seal) _____________________________________

Official Signature of Notary
___________________________, Notary Public
Notarys Printed or typed name

My commission expires: ______________