Blank North Carolina 24 PDF Form

What is the North Carolina Form 24?

The North Carolina Form 24, commonly referred to as the Notice of Motion to Modify Custody/Visitation, is a legal document used in the State of North Carolina. It is filed in the district court division when an individual seeks to modify existing child custody or visitation orders. This form initiates the formal process, requiring notification to all involved parties of the desire to amend the current custody or visitation arrangements that were previously established by the court.

Who can file a Form 24 in North Carolina?

In North Carolina, a Form 24 can be filed by either the plaintiff or the defendant in a custody case. It is utilized when one of the parties involved desires to change the terms of custody or visitation that were determined at an earlier date. The individual filing the form must have attended Child Custody Mediation Orientation and the Parenting Apart Program, as these programs are prerequisites for the modification process.

What are the requirements for serving the North Carolina Form 24?

Service of the North Carolina Form 24 is a crucial step in the modification process. It ensures that the other party is officially informed about the motion to modify custody or visitation. The requirements for serving this form include:

• Depositing a copy in the United States mail in a properly addressed, postpaid envelope to the other party's last known address.
• Sending copies to the attorneys representing the parties, if applicable.
• Including the mediator in the distribution of the form by sending them a copy, ensuring they are updated on the modification request.

How does one complete the Form 24 in North Carolina?

Completing the North Carolina Form 24 involves providing detailed information pertinent to the motion to modify custody or visitation. Required details include:

1. The case's file number and the division (district court) where the case is held.
2. Identification of the filing party as either the plaintiff or the defendant.
3. The names and addresses of both the plaintiff and the defendant, ensuring they are current and accurate.
4. Contact information for both parties, including home and cell phone numbers.
5. The date when the Child Custody Mediation Orientation and Parenting Apart Program were attended.
6. Ensuring the Certificate of Service section is correctly filled out to document how and to whom the document was served.

This information aids the court in understanding the request and provides a basis for any subsequent proceedings related to the motion.

Where can questions regarding the Form 24 be directed?

If there are questions or clarification needed regarding the North Carolina Form 24, they can be directed to the custody mediator. A specific number is provided on the form, 704-296-6007, for this purpose. The custody mediator is a professional assigned to assist in resolving disputes related to custody and visitation in a manner that prioritizes the best interest of the child involved.

Filling out the North Carolina 24 form, which pertains to modifying custody or visitation orders, is an important step in the legal process. However, people often make mistakes during this process. Here are four common errors:

1. Incorrect or incomplete addresses. It's crucial to provide full and accurate addresses for both the plaintiff and the defendant. This ensures that all parties receive necessary correspondence and legal documents.

2. Failing to attend mandatory sessions. Before filing, parties must attend Child Custody Mediation Orientation and the Parenting Apart Program. Neglecting this step can lead to delays or the dismissal of the motion.

3. Improper service of the notice. The certificate of service is a key component that verifies the notice has been properly sent to all parties involved, including the plaintiff, defendant, and any attorneys. Ensuring that this is done correctly is critical for the motion to proceed.

4. Forgetting to include the filing date and party or attorney's signature. The bottom of the form requires the date of filing and the signature of the filing party or their attorney. This verifies the authenticity and intent to file the motion.

Avoiding these mistakes helps streamline the process, making it smoother for everyone involved. Paying attention to details and ensuring all requirements are met can significantly impact the outcome of the motion to modify custody or visitation.

When dealing with family law matters in North Carolina, particularly those concerning custody or visitation modifications, the Form #24 plays a crucial role. However, to navigate through the process successfully, several other forms and documents are usually required to support or accompany the submission of Form #24. Understanding these forms and their purposes can help streamline the process, ensuring that all necessary information is provided accurately and timely.

• Civil Summons (AOC-CV-100): This document is used to notify the defendant that a lawsuit has been filed against them. It includes important details about the court location, the parties involved, and the time frame within which the defendant must respond.
• Domestic Civil Action Cover Sheet (AOC-CV-750): Required at the time of filing, this cover sheet provides the court with an overview of the case type and the involved parties. It helps in the administrative processing and categorization of the case.
• Financial Affidavit (AOC-CV-600): In cases where child support or alimony might be adjusted along with custody or visitation, this form outlines an individual's financial status. It details income, expenses, assets, and liabilities, providing a comprehensive financial picture to the court.
• Parenting Plan (AOC-CV-632): Although not always mandatory, this document can be instrumental in custody or visitation modifications. It allows parents to propose a detailed plan for raising their child, including schedules, holiday plans, and decision-making responsibilities.
• Child Support Worksheets: Depending on the custody arrangement and the number of children involved, different worksheets (A, B, or C) may be required to calculate child support obligations based on North Carolina Child Support Guidelines.
• Notice of Hearing (AOC-CV-710): Once a motion, such as the motion to modify custody/visitation, is filed, a hearing date is set. This form notifies all parties of the time, date, and location of the hearing, ensuring that everyone has the opportunity to be present and heard.

Armed with these documents, alongside Form #24, individuals can ensure their motion to modify custody or visitation is comprehensive and accurately reflects their situation and requests. It's always beneficial to consult with legal counsel to verify that all paperwork is correctly filled out and submitted, ensuring a smoother process through the legal system.

The North Carolina Form 24, which notifies parties of a motion to modify custody or visitation, shares similarities with the "Notice of Hearing" document. The "Notice of Hearing" also serves to inform parties involved in a legal proceeding about the scheduling of a hearing. Both documents require the inclusion of party names, case numbers, and relevant dates, establishing clear communication about future legal processes. Additionally, both forms might necessitate serving the document to all involved parties, ensuring everyone has the information necessary to prepare for upcoming legal events.

Another document similar to the North Carolina Form 24 is the "Motion to Change Custody or Visitation." This document, like the Form 24, initiates a request to alter an existing custody or visitation order. Both require detailed information about the parties involved, the case number, and the nature of the requested change. Although the Form 24 serves as a notice for a motion already filed, the motion to change custody itself is the document that proposes the adjustment to the court, marking the beginning of the legal process to modify custody or visitation agreements.

The "Certificate of Service" document parallels the section within the North Carolina Form 24 that certifies the notice has been served to all relevant parties. This certificate is mandatory in legal proceedings to prove that all individuals involved have been properly notified of certain actions, like motions or hearings, in a timely manner. Both the Certificate of Service and the section within Form 24 ensure the transparency and fairness of the legal process by verifying that the required notifications have occurred.

Similar to Form 24, the "Parenting Plan" document often comes into play in custody and visitation modifications. While Form 24 notifies parties about the motion to change these terms, a Parenting Plan outlines the specific proposals for custody arrangements, visitation schedules, and parenting responsibilities. The development of a Parenting Plan is sometimes a subsequent step following the motion outlined in Form 24, aiming to provide a detailed framework for the modified custody or visitation agreement.

A closely related document is the "Child Custody Mediation Orientation Notice," which, like Form 24, involves the mandatory child custody mediation process in North Carolina. This orientation notice informs parties about the date, time, and importance of attending the mediation orientation. Attendance is crucial for parties seeking to modify custody or visitation, paralleling the requirement in Form 24 that mentions parties' participation in custody mediation orientation and the Parenting Apart Program.

The "Summons" document bears resemblances to the North Carolina Form 24 by officially notifying a defendant about legal actions being taken against them, requiring their response. Similar to the notice of motion in Form 24, a summons also provides important case information, including the parties involved, the case number, and what is being requested by the court. Both documents play crucial roles in ensuring the other party is aware of and can respond to legal proceedings.

Similar to the North Carolina Form 24, the "Order Modifying Custody/Visitation" is a document that might follow in the process after a motion and notice have been filed and served. While Form 24 communicates the initiation of a motion to modify custody or visitation, the order is the document that finalizes these changes legally. Both are integral steps in the process of modifying custody arrangements, with the order serving as the culmination of the process initiated by the notice of motion.

Last, the "Domestic Civil Action Cover Sheet" shares similarities with Form 24 in that both are used in the context of family law cases and require detailed information about the parties and nature of the case. The cover sheet is a preliminary document filed with initial paperwork in family law actions, offering a summary of the case for court administration purposes. Though serving different stages of the legal process, both documents contribute to the organization and management of family law cases in North Carolina courts.

When filling out the North Carolina 24 form for a Motion to Modify Custody or Visitation, it is essential to follow specific guidelines to ensure the process is handled correctly and efficiently. Here is a list of dos and don'ts that should guide you through the completion of this document:

• Do ensure all information provided is accurate and current. This includes personal contact details, addresses, and dates related to custody mediation orientation and the Parenting Apart Program.
• Do check that the file number and division (CVD) match those on other documents related to your case within the Union County District Court system.
• Do clearly identify yourself as the plaintiff or defendant, as this form requires the individual initiating the motion to specify their role in the case.
• Do use a professional and respectful tone throughout the form, as this document is part of the legal process and is reviewed by court officials and other legal professionals.
• Do ensure that you have correctly listed the date when all parties attended the Child Custody Mediation Orientation and Parenting Apart Program.
• Don't leave sections blank. If a section does not apply, it is better to write "N/A" rather than leaving it empty to confirm that you did not overlook it.
• Don't forget to sign and date the form where required, as failing to do so may result in the form being considered incomplete, delaying the process.
• Don't serve the form improperly. Follow the instructions under the Certificate of Service section to ensure proper delivery to all relevant parties, including the other party and any attorneys involved.
• Don't ignore the guidance of legal professionals. While this list is a helpful starting point, specific questions or unusual circumstances should be directed to a legal professional or the custody mediator noted on the form.

Understanding the North Carolina Form 24, a notice of motion to modify custody or visitation, can often be confusing. There are several misconceptions about this form and its use. Let's address six common misunderstandings:

• Misconception 1: You can only file the Form 24 once.

Many people think that after filing a Form 24 to request a change in custody or visitation, they cannot file it again. However, the reality is that as circumstances change, either party can file this form to request a modification to the custody or visitation agreement.

• Misconception 2: Filling out the Form 24 is all you need to do.

Filling out the Form 24 is just the beginning of the process. It must be filed with the court, and proper legal procedure must be followed, including serving the other party with the paperwork and potentially attending mediation or court hearings.

• Misconception 3: The Form 24 can be used for child support modifications.

The Form 24 is specifically designed for custody or visitation modifications, not for changing child support orders. Different forms and processes exist for child support modifications.

• Misconception 4: A lawyer is not necessary to file Form 24.

While it's true that individuals can file this form on their own, navigating the legal requirements and understanding the implications of the modifications can be complex. A lawyer can provide valuable guidance and representation.

• Misconception 5: If both parents agree to the changes, the court does not need to approve.

Even if both parties agree on custody or visitation changes, the modification must be approved by the court to be legally binding. Submitting the agreement through a Form 24 ensures that the modification is officially recognized.

• Misconception 6: The form is only for parents.

While the form is primarily used by parents, in certain circumstances, other individuals with a significant relationship to the child, such as grandparents or other relatives, may also file a motion to modify custody or visitation using the Form 24, subject to the court's approval and legal standards.

It's crucial for anyone involved in a motion to modify custody or visitation to have accurate information and, when possible, seek legal advice to navigate this process effectively.

When dealing with the North Carolina Form 24 regarding custody or visitation modification, understanding its components and correct usage is essential for a smooth legal process. Here are key takeaways to ensure accurate completion and submission:

• Identify the correct form: Ensure you are using the North Carolina Form 24 when seeking to modify custody or visitation orders in Union County within the General Court of Justice – District Court Division.
• Clarify your role: Specify whether you are the plaintiff or the defendant in the case, as the form accommodates both parties to file a motion to modify custody or visitation.
• Complete mediation requirements: Before filing, confirm that all parties have attended the mandatory Child Custody Mediation Orientation and the Parenting Apart Program, and specify the date these were completed.
• Provide accurate contact information: Include current and complete addresses and phone numbers for both the plaintiff and the defendant to ensure all parties are reachable for further communication and notices.
• Focus on the motion’s details: This form specifically pertains to motions to modify custody or visitation, so ensure your filing precisely addresses such concerns.
• Understand the significance of the Certificate of Service: Filling out this section correctly verifies that a copy of the notice has been properly served to the other party, which is a critical step in the legal process.
• Utilize the help provided: If you have questions or need clarification, the form directs you to contact the custody mediator, whose number is provided.
• Ensure proper service: Serve a copy of this notice to the opposite party, their attorney if they have one, and the mediator by using the United States mail with a properly addressed, postpaid envelope as specified under the "Certificate of Service."
• Record the date and representation: The form requires the date of filing and identifies whether the motion is filed by the party directly or by their attorney, emphasizing the importance of legal representation in the process.

Accurately completing and submitting the North Carolina Form 24 is a crucial step in requesting modifications to custody or visitation. Attention to detail and adherence to the mandated procedures can help ensure the process moves forward without unnecessary delays.