Can my daughter's absent father sign a parenting agreement for custody from another state?

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My ex took off to Florida at the end of 2015, didn't hear from him anymore after that. He's never paid child support, daughter has no idea who he is. I finally got his address and I don't know if there is a way to get custody without taking him to court. I'm sure he'll sign it if I send a parenting plan, but I thought they had to be notarized. I also have the u file it packet, but I think he'd have to come up here for court if I filed that one. It's there any way to do this without him coming up here?

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Stephanie Killian ·
Yes, you can file the complaint, serve him, then draft and send him a custody consent order to sign. If he signs in front of a notary and mails you the original back you can then sign and then hand up to the judge for signature. You will only have to go to court if he refuses to sign the proposed order.
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Andrea Morelos ·
Parties can always agree to a custody agreement OUTSIDE of court and in lieu of litigation. They can also agree to something even after a lawsuit has been filed. But the key word is AGREE. You can't force him to agree. Also, if you DO file something with the courts, then in the event he chooses not to sign anything you send him, then you have a pending lawsuit that needs to be properly litigated. In which case, he has the right to show up and contest the case, file a written response, and otherwise be present for hearings, trials, etc. if he really wanted to. Either way, you should consult with an attorney to review the "do in yourself" forms you are currently considering. Because regardless of whether you try the court or non-court route, if you don't have proper forms fit for North Carolina, then you may not be properly proceeding in the first place which has the potential to cause delays, or invalid/unenforceable documents, or dismissals of a lawsuit as just a few examples. You can use the Find a Lawyer tab at the top of .com
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