Legal Question in Family Law in North Carolina

Do you have to have a lawyer to file for child custody?

My brother is trying to get custody of his children. Him and his wife are recently separated. They wrote up an agreement for custody, he gets the children a week, she gets them a week, and had it notarized. When it's her week to have the children he gets phone calls and text messages saying that if he doesn't come and get them she will take them with her when she is going out partying. She has also moved in a boyfriend that is a known drug dealer. He cant afford a lawyer and legal aid in NC says that there has to be some form of abuse before they will help with a lawyer. What can he do??


Asked on 9/22/11, 4:09 pm

1 Answer from Attorneys
Rachel Hunter

He should check with his county court to see if they have a program for limited legal services. if they don't maybe the local bar.

Failing that, there is a self-help center for Mecklenburg County. You have to have a Charlotte address to get the forms online. Assuming he has a friend and can get the forms, he would need to fill out a custody petition. Here is the link:

http://www.aoc.state.nc.us/www/public/courts/meck/disk01/index.html

There are lawyers listed on the website who provide limited legal services. Even if your brother is not in the Charlotte area, perhaps it is near enough that these lawyers will help or may know someone in his area.

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Answered on 9/22/11, 9:57 pm


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