File It Yourself Clinic
CDSS is pleased to offer a File It Yourself program for parents who need an inexpensive alternative to attorney representation in child custody and visitation matters. Many counties in North Carolina require mandatory custody mediation as the first step in the custody process. CDSS contracts with attorneys who provide limited legal advice to parents and draft necessary documents in a parent-attorney conference. Completion of these documents begins the child custody process and allows the parents to enter the mandatory mediation program.
What is mandatory custody mediation?
North Carolina requires parents to attend mediation before a child custody trial. Attendance at the mediation orientation and the mediation itself is mandatory and a parent may be held in contempt of court for not being there at the specified time. Mediation gives parents an opportunity to make custody decisions that a judge will then sign as an order without the parents having to go to trial. There is no cost for the mediation provided by the county. If the parents do not resolve their custody dispute in mediation, they are both required to attend a parenting course before going to trial.
Who can file for custody of my child?
Either parent, a person with whom the child presently lives, or a person who the parent agrees the child should live with may file for custody of the child. It is not necessary for both parents to attend the parent-attorney conference even if they agree to joint custody. The child must live in a county in North Carolina and have been living there for at least six months.
Can I file for divorce or emergency custody?
The attorneys only provide document preparation for child custody. They do not provide services through our program for divorce, emergency custody orders, or temporary custody.
How much does it cost?
The cost of the program is based on income. CDSS is able to offer this program at a reduced rate because the advising attorney will not be retained by the parent and will not represent the parent beyond the parent-attorney conference. The program cost does not, however, include filing or service of process fees for county agencies.
The cost of your appointment is determined by your income on a sliding scale. Please bring your latest pay stub or other proof of income to determine your cost. Without proof of income, you will be charged the highest rate. Payment is due at appointment and may be made by cash or money order.
$0 - $32,000 per year
$32,001 - $40,000 per year
$40,001 - $50,000 per year
$50,001 and over per year
$150
$250
$300
The court filing fee is $80 (payable to the Clerk of Court) and service of process fees are $15 (payable to the county sheriff’s dept.)
How do I get into the clinic?
The File It Yourself Clinic is open for walk-in appointments each Thursday from 9:30am to 3:30pm. Appointments are given based on the order of arrival. Limited pre-arranged appointments may also be scheduled during business hours other days of the week depending on the availability of attorneys. Please call (919)755-2274 to schedule appointments for days other than Thursday.
What information should I bring?
Please bring with you the full names and birth dates of each child, the full names and addresses of both parents, the child’s addresses for the past five years, and a pays stub or other proof of income. You will be asked to complete a worksheet prior to the parent-attorney conference. These worksheets will be provided at the office and are also available for download below.
File It Youself Worksheet:
Please print one of the below formats (identical content) and complete it.
