State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-13_5

§50‑13.5.  Procedure in actions for custody or support of minor children.

(a)        Procedure. – Theprocedure in actions for custody and support of minor children shall be as incivil actions, except as provided in this section and in G.S. 50‑19. Inthis G.S. 50‑13.5 the words "custody and support" shall bedeemed to include custody or support, or both.

(b)        Type of Action. –An action brought under the provisions of this section may be maintained asfollows:

(1)        As a civil action.

(2)        Repealed by SessionLaws 1979, c. 110, s. 12.

(3)        Joined with anaction for annulment, or an action for divorce, either absolute or from bed andboard, or an action for alimony without divorce.

(4)        As a cross action inan action for annulment, or an action for divorce, either absolute or from bedand board, or an action for alimony without divorce.

(5)        By motion in thecause in an action for annulment, or an action for divorce, either absolute orfrom bed and board, or an action for alimony without divorce.

(6)        Upon the court's ownmotion in an action for annulment, or an action for divorce, either absolute orfrom bed and board, or an action for alimony without divorce.

(7)        In any of theforegoing the judge may issue an order requiring that the body of the minorchild be brought before him.

(c)        Jurisdiction inActions or Proceedings for Child Support and Child Custody. –

(1)        The jurisdiction ofthe courts of this State to enter orders providing for the support of a minorchild shall be as in actions or proceedings for the payment of money or thetransfer of property.

(2)        The courts of thisState shall have jurisdiction to enter orders providing for the custody of aminor child under the provisions of G.S. 50A‑201, 50A‑202, and 50A‑204.

(3)        through (6) Repealedby Session Laws 1979, c. 110, s. 12.

(d)        Service of Process;Notice; Interlocutory Orders. –

(1)        Service of processin civil actions for the custody of minor children shall be as in other civilactions. Motions for support of a minor child in a pending action may be madeon 10 days notice to the other parties and compliance with G.S. 50‑13.5(e).Motions for custody of a minor child in a pending action may be made on 10 daysnotice to the other parties and after compliance with G.S. 50A‑205.

(2)        If the circumstancesof the case render it appropriate, upon gaining jurisdiction of the minor childthe court may enter orders for the temporary custody and support of the child,pending the service of process or notice as herein provided.

(3)        A temporary orderfor custody which changes the living arrangements of a child or changes custodyshall not be entered ex parte and prior to service of process or notice, unlessthe court finds that the child is exposed to a substantial risk of bodilyinjury or sexual abuse or that there is a substantial risk that the child maybe abducted or removed from the State of North Carolina for the purpose ofevading the jurisdiction of North Carolina courts.

(e)        Notice toAdditional Persons in Support Actions and Proceedings; Intervention. –

(1)        The parents of theminor child whose addresses are reasonably ascertainable; any person, agency,organization or institution having actual care, control, or custody of a minorchild; and any person, agency, organization or institution required by courtorder to provide for the support of a minor child, either in whole or in part,not named as parties and served with process in an action or proceeding for thesupport of such child, shall be given notice by the party raising the issue ofsupport.

(2)        The notice herein requiredshall be in the manner provided by the Rules of Civil Procedure for the serviceof notices in actions. Such notice shall advise the person to be notified ofthe name of the child, the names of the parties to the action or proceeding,the court in which the action or proceeding was instituted, and the datethereof.

(3)        In the discretion ofthe court, failure of such service of notice shall not affect the validity ofany order or judgment entered in such action or proceeding.

(4)        Any person requiredto be given notice as herein provided may intervene in an action or proceedingfor support of a minor child by filing in apt time notice of appearance orother appropriate pleadings.

(f)         Venue. – An actionor proceeding in the courts of this State for custody and support of a minorchild may be maintained in the county where the child resides or is physicallypresent or in a county where a parent resides, except as hereinafter provided.If an action for annulment, for divorce, either absolute or from bed and board,or for alimony without divorce has been previously instituted in this State,until there has been a final judgment in such case, any action or proceedingfor custody and support of the minor children of the marriage shall be joinedwith such action or be by motion in the cause in such action. If an action orproceeding for the custody and support of a minor child has been instituted andan action for annulment or for divorce, either absolute or from bed and board,or for alimony without divorce is subsequently instituted in the same oranother county, the court having jurisdiction of the prior action or proceedingmay, in its discretion direct that the action or proceeding for custody andsupport of a minor child be consolidated with such subsequent action, and inthe event consolidation is ordered, shall determine in which court suchconsolidated action or proceeding shall be heard.

(g)        Custody and SupportIrrespective of Parents' Rights Inter Partes. – Orders for custody and supportof minor children may be entered when the matter is before the court asprovided by this section, irrespective of the rights of the wife and thehusband as between themselves in an action for annulment or an action fordivorce, either absolute or from bed and board, or an action for alimonywithout divorce.

(h)        Court HavingJurisdiction. – When a district court having jurisdiction of the matter shallhave been established, actions or proceedings for custody and support of minorchildren shall be heard without a jury by the judge of such district court, andmay be heard at any time.

(i)         District Court;Denial of Parental Visitation Right; Written Finding of Fact. – In any case inwhich an award of child custody is made in a district court, the trial judge,prior to denying a parent the right of reasonable visitation, shall make awritten finding of fact that the parent being denied visitation rights is anunfit person to visit the child or that such visitation rights are not in thebest interest of the child.

(j)         Custody and VisitationRights of Grandparents. – In any action in which the custody of a minor childhas been determined, upon a motion in the cause and a showing of changedcircumstances pursuant to G.S. 50‑13.7, the grandparents of the child areentitled to such custody or visitation rights as the court, in its discretion,deems appropriate. As used in this subsection, "grandparent" includesa biological grandparent of a child adopted by a stepparent or a relative ofthe child where a substantial relationship exists between the grandparent andthe child. Under no circumstances shall a biological grandparent of a childadopted by adoptive parents, neither of whom is related to the child and whereparental rights of both biological parents have been terminated, be entitled tovisitation rights. (1858‑9, c. 53, s. 2; 1871‑2, c. 193, ss.39, 46; Code, ss. 1292, 1296, 1570, 1662; Rev., ss. 1567, 1570, 1854; 1919, c.24; C.S., ss. 1664, 1667, 2242; 1921, c. 13; 1923, c. 52; 1939, c. 115; 1941,c. 120; 1943, c. 194; 1949, c. 1010; 1951, c. 893, s. 3; 1953, cc. 813, 925;1955, cc. 814, 1189; 1957, c. 545; 1965, c. 310, s. 2; 1967, c. 1153, s. 2;1971, c. 1185, s. 24; 1973, c. 751; 1979, c. 110, s. 12; c. 563; c. 709, s. 3;1981, c. 735, s. 3; 1983, c. 587; 1985, c. 575, s. 4; 1987 (Reg. Sess., 1988),c. 893, s. 3.1; 1999‑223, ss. 11, 12.)

State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-13_5

§50‑13.5.  Procedure in actions for custody or support of minor children.

(a)        Procedure. – Theprocedure in actions for custody and support of minor children shall be as incivil actions, except as provided in this section and in G.S. 50‑19. Inthis G.S. 50‑13.5 the words "custody and support" shall bedeemed to include custody or support, or both.

(b)        Type of Action. –An action brought under the provisions of this section may be maintained asfollows:

(1)        As a civil action.

(2)        Repealed by SessionLaws 1979, c. 110, s. 12.

(3)        Joined with anaction for annulment, or an action for divorce, either absolute or from bed andboard, or an action for alimony without divorce.

(4)        As a cross action inan action for annulment, or an action for divorce, either absolute or from bedand board, or an action for alimony without divorce.

(5)        By motion in thecause in an action for annulment, or an action for divorce, either absolute orfrom bed and board, or an action for alimony without divorce.

(6)        Upon the court's ownmotion in an action for annulment, or an action for divorce, either absolute orfrom bed and board, or an action for alimony without divorce.

(7)        In any of theforegoing the judge may issue an order requiring that the body of the minorchild be brought before him.

(c)        Jurisdiction inActions or Proceedings for Child Support and Child Custody. –

(1)        The jurisdiction ofthe courts of this State to enter orders providing for the support of a minorchild shall be as in actions or proceedings for the payment of money or thetransfer of property.

(2)        The courts of thisState shall have jurisdiction to enter orders providing for the custody of aminor child under the provisions of G.S. 50A‑201, 50A‑202, and 50A‑204.

(3)        through (6) Repealedby Session Laws 1979, c. 110, s. 12.

(d)        Service of Process;Notice; Interlocutory Orders. –

(1)        Service of processin civil actions for the custody of minor children shall be as in other civilactions. Motions for support of a minor child in a pending action may be madeon 10 days notice to the other parties and compliance with G.S. 50‑13.5(e).Motions for custody of a minor child in a pending action may be made on 10 daysnotice to the other parties and after compliance with G.S. 50A‑205.

(2)        If the circumstancesof the case render it appropriate, upon gaining jurisdiction of the minor childthe court may enter orders for the temporary custody and support of the child,pending the service of process or notice as herein provided.

(3)        A temporary orderfor custody which changes the living arrangements of a child or changes custodyshall not be entered ex parte and prior to service of process or notice, unlessthe court finds that the child is exposed to a substantial risk of bodilyinjury or sexual abuse or that there is a substantial risk that the child maybe abducted or removed from the State of North Carolina for the purpose ofevading the jurisdiction of North Carolina courts.

(e)        Notice toAdditional Persons in Support Actions and Proceedings; Intervention. –

(1)        The parents of theminor child whose addresses are reasonably ascertainable; any person, agency,organization or institution having actual care, control, or custody of a minorchild; and any person, agency, organization or institution required by courtorder to provide for the support of a minor child, either in whole or in part,not named as parties and served with process in an action or proceeding for thesupport of such child, shall be given notice by the party raising the issue ofsupport.

(2)        The notice herein requiredshall be in the manner provided by the Rules of Civil Procedure for the serviceof notices in actions. Such notice shall advise the person to be notified ofthe name of the child, the names of the parties to the action or proceeding,the court in which the action or proceeding was instituted, and the datethereof.

(3)        In the discretion ofthe court, failure of such service of notice shall not affect the validity ofany order or judgment entered in such action or proceeding.

(4)        Any person requiredto be given notice as herein provided may intervene in an action or proceedingfor support of a minor child by filing in apt time notice of appearance orother appropriate pleadings.

(f)         Venue. – An actionor proceeding in the courts of this State for custody and support of a minorchild may be maintained in the county where the child resides or is physicallypresent or in a county where a parent resides, except as hereinafter provided.If an action for annulment, for divorce, either absolute or from bed and board,or for alimony without divorce has been previously instituted in this State,until there has been a final judgment in such case, any action or proceedingfor custody and support of the minor children of the marriage shall be joinedwith such action or be by motion in the cause in such action. If an action orproceeding for the custody and support of a minor child has been instituted andan action for annulment or for divorce, either absolute or from bed and board,or for alimony without divorce is subsequently instituted in the same oranother county, the court having jurisdiction of the prior action or proceedingmay, in its discretion direct that the action or proceeding for custody andsupport of a minor child be consolidated with such subsequent action, and inthe event consolidation is ordered, shall determine in which court suchconsolidated action or proceeding shall be heard.

(g)        Custody and SupportIrrespective of Parents' Rights Inter Partes. – Orders for custody and supportof minor children may be entered when the matter is before the court asprovided by this section, irrespective of the rights of the wife and thehusband as between themselves in an action for annulment or an action fordivorce, either absolute or from bed and board, or an action for alimonywithout divorce.

(h)        Court HavingJurisdiction. – When a district court having jurisdiction of the matter shallhave been established, actions or proceedings for custody and support of minorchildren shall be heard without a jury by the judge of such district court, andmay be heard at any time.

(i)         District Court;Denial of Parental Visitation Right; Written Finding of Fact. – In any case inwhich an award of child custody is made in a district court, the trial judge,prior to denying a parent the right of reasonable visitation, shall make awritten finding of fact that the parent being denied visitation rights is anunfit person to visit the child or that such visitation rights are not in thebest interest of the child.

(j)         Custody and VisitationRights of Grandparents. – In any action in which the custody of a minor childhas been determined, upon a motion in the cause and a showing of changedcircumstances pursuant to G.S. 50‑13.7, the grandparents of the child areentitled to such custody or visitation rights as the court, in its discretion,deems appropriate. As used in this subsection, "grandparent" includesa biological grandparent of a child adopted by a stepparent or a relative ofthe child where a substantial relationship exists between the grandparent andthe child. Under no circumstances shall a biological grandparent of a childadopted by adoptive parents, neither of whom is related to the child and whereparental rights of both biological parents have been terminated, be entitled tovisitation rights. (1858‑9, c. 53, s. 2; 1871‑2, c. 193, ss.39, 46; Code, ss. 1292, 1296, 1570, 1662; Rev., ss. 1567, 1570, 1854; 1919, c.24; C.S., ss. 1664, 1667, 2242; 1921, c. 13; 1923, c. 52; 1939, c. 115; 1941,c. 120; 1943, c. 194; 1949, c. 1010; 1951, c. 893, s. 3; 1953, cc. 813, 925;1955, cc. 814, 1189; 1957, c. 545; 1965, c. 310, s. 2; 1967, c. 1153, s. 2;1971, c. 1185, s. 24; 1973, c. 751; 1979, c. 110, s. 12; c. 563; c. 709, s. 3;1981, c. 735, s. 3; 1983, c. 587; 1985, c. 575, s. 4; 1987 (Reg. Sess., 1988),c. 893, s. 3.1; 1999‑223, ss. 11, 12.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-13_5

§50‑13.5.  Procedure in actions for custody or support of minor children.

(a)        Procedure. – Theprocedure in actions for custody and support of minor children shall be as incivil actions, except as provided in this section and in G.S. 50‑19. Inthis G.S. 50‑13.5 the words "custody and support" shall bedeemed to include custody or support, or both.

(b)        Type of Action. –An action brought under the provisions of this section may be maintained asfollows:

(1)        As a civil action.

(2)        Repealed by SessionLaws 1979, c. 110, s. 12.

(3)        Joined with anaction for annulment, or an action for divorce, either absolute or from bed andboard, or an action for alimony without divorce.

(4)        As a cross action inan action for annulment, or an action for divorce, either absolute or from bedand board, or an action for alimony without divorce.

(5)        By motion in thecause in an action for annulment, or an action for divorce, either absolute orfrom bed and board, or an action for alimony without divorce.

(6)        Upon the court's ownmotion in an action for annulment, or an action for divorce, either absolute orfrom bed and board, or an action for alimony without divorce.

(7)        In any of theforegoing the judge may issue an order requiring that the body of the minorchild be brought before him.

(c)        Jurisdiction inActions or Proceedings for Child Support and Child Custody. –

(1)        The jurisdiction ofthe courts of this State to enter orders providing for the support of a minorchild shall be as in actions or proceedings for the payment of money or thetransfer of property.

(2)        The courts of thisState shall have jurisdiction to enter orders providing for the custody of aminor child under the provisions of G.S. 50A‑201, 50A‑202, and 50A‑204.

(3)        through (6) Repealedby Session Laws 1979, c. 110, s. 12.

(d)        Service of Process;Notice; Interlocutory Orders. –

(1)        Service of processin civil actions for the custody of minor children shall be as in other civilactions. Motions for support of a minor child in a pending action may be madeon 10 days notice to the other parties and compliance with G.S. 50‑13.5(e).Motions for custody of a minor child in a pending action may be made on 10 daysnotice to the other parties and after compliance with G.S. 50A‑205.

(2)        If the circumstancesof the case render it appropriate, upon gaining jurisdiction of the minor childthe court may enter orders for the temporary custody and support of the child,pending the service of process or notice as herein provided.

(3)        A temporary orderfor custody which changes the living arrangements of a child or changes custodyshall not be entered ex parte and prior to service of process or notice, unlessthe court finds that the child is exposed to a substantial risk of bodilyinjury or sexual abuse or that there is a substantial risk that the child maybe abducted or removed from the State of North Carolina for the purpose ofevading the jurisdiction of North Carolina courts.

(e)        Notice toAdditional Persons in Support Actions and Proceedings; Intervention. –

(1)        The parents of theminor child whose addresses are reasonably ascertainable; any person, agency,organization or institution having actual care, control, or custody of a minorchild; and any person, agency, organization or institution required by courtorder to provide for the support of a minor child, either in whole or in part,not named as parties and served with process in an action or proceeding for thesupport of such child, shall be given notice by the party raising the issue ofsupport.

(2)        The notice herein requiredshall be in the manner provided by the Rules of Civil Procedure for the serviceof notices in actions. Such notice shall advise the person to be notified ofthe name of the child, the names of the parties to the action or proceeding,the court in which the action or proceeding was instituted, and the datethereof.

(3)        In the discretion ofthe court, failure of such service of notice shall not affect the validity ofany order or judgment entered in such action or proceeding.

(4)        Any person requiredto be given notice as herein provided may intervene in an action or proceedingfor support of a minor child by filing in apt time notice of appearance orother appropriate pleadings.

(f)         Venue. – An actionor proceeding in the courts of this State for custody and support of a minorchild may be maintained in the county where the child resides or is physicallypresent or in a county where a parent resides, except as hereinafter provided.If an action for annulment, for divorce, either absolute or from bed and board,or for alimony without divorce has been previously instituted in this State,until there has been a final judgment in such case, any action or proceedingfor custody and support of the minor children of the marriage shall be joinedwith such action or be by motion in the cause in such action. If an action orproceeding for the custody and support of a minor child has been instituted andan action for annulment or for divorce, either absolute or from bed and board,or for alimony without divorce is subsequently instituted in the same oranother county, the court having jurisdiction of the prior action or proceedingmay, in its discretion direct that the action or proceeding for custody andsupport of a minor child be consolidated with such subsequent action, and inthe event consolidation is ordered, shall determine in which court suchconsolidated action or proceeding shall be heard.

(g)        Custody and SupportIrrespective of Parents' Rights Inter Partes. – Orders for custody and supportof minor children may be entered when the matter is before the court asprovided by this section, irrespective of the rights of the wife and thehusband as between themselves in an action for annulment or an action fordivorce, either absolute or from bed and board, or an action for alimonywithout divorce.

(h)        Court HavingJurisdiction. – When a district court having jurisdiction of the matter shallhave been established, actions or proceedings for custody and support of minorchildren shall be heard without a jury by the judge of such district court, andmay be heard at any time.

(i)         District Court;Denial of Parental Visitation Right; Written Finding of Fact. – In any case inwhich an award of child custody is made in a district court, the trial judge,prior to denying a parent the right of reasonable visitation, shall make awritten finding of fact that the parent being denied visitation rights is anunfit person to visit the child or that such visitation rights are not in thebest interest of the child.

(j)         Custody and VisitationRights of Grandparents. – In any action in which the custody of a minor childhas been determined, upon a motion in the cause and a showing of changedcircumstances pursuant to G.S. 50‑13.7, the grandparents of the child areentitled to such custody or visitation rights as the court, in its discretion,deems appropriate. As used in this subsection, "grandparent" includesa biological grandparent of a child adopted by a stepparent or a relative ofthe child where a substantial relationship exists between the grandparent andthe child. Under no circumstances shall a biological grandparent of a childadopted by adoptive parents, neither of whom is related to the child and whereparental rights of both biological parents have been terminated, be entitled tovisitation rights. (1858‑9, c. 53, s. 2; 1871‑2, c. 193, ss.39, 46; Code, ss. 1292, 1296, 1570, 1662; Rev., ss. 1567, 1570, 1854; 1919, c.24; C.S., ss. 1664, 1667, 2242; 1921, c. 13; 1923, c. 52; 1939, c. 115; 1941,c. 120; 1943, c. 194; 1949, c. 1010; 1951, c. 893, s. 3; 1953, cc. 813, 925;1955, cc. 814, 1189; 1957, c. 545; 1965, c. 310, s. 2; 1967, c. 1153, s. 2;1971, c. 1185, s. 24; 1973, c. 751; 1979, c. 110, s. 12; c. 563; c. 709, s. 3;1981, c. 735, s. 3; 1983, c. 587; 1985, c. 575, s. 4; 1987 (Reg. Sess., 1988),c. 893, s. 3.1; 1999‑223, ss. 11, 12.)

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