Do You Want To File For Emergency Child Custody?
Requirements:
The child or children is at SUBSTANTIAL risk that:
1. The child or children will suffer bodily injury or sexual abuse, or
2. The child or children will be removed from the State of North Carolina FOR THE PURPOSE of EVADING THE JURISDICTION of the North Carolina courts.
See N.C.G.S. 50-13.5(d):
(2) If the circumstances of the case render it appropriate, upon gaining jurisdiction of the minor child the 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 order for custody which changes the living arrangements of a child or changes custody shall not be entered ex parte and prior to service of process or notice, unless the court finds that the child is exposed to a substantial risk of bodily injury or sexual abuse or that there is a substantial risk that the child may be abducted or removed from the State of North Carolina for the purpose of evading the jurisdiction of North Carolina courts.