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Motion For Temporary Order Sample With Order In North Carolina
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If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
To modify the order, you must show the judge there is an issue that cannot wait to be resolved at trial. These matters include such issues as child endangerment or a parent violating the terms of the order. To modify temporary custody orders, you will need to include your reasoning for filing a motion to modify.
Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion “filed,” place the original in the Court file and return two (2) copies of the “filed” document to you.
Parents can also submit proposed consent orders individually when they can't agree. If you have an attorney, they will help you draft the document. If you don't, you can write your own consent order, but you should have an attorney review it. A consent order may include information on child support payments.
If you can prove that emergency custody is necessary to protect the child from imminent harm, you'll be awarded a temporary emergency custody order. To file for emergency custody in North Carolina, your child must normally have lived in the state for at least six months or since birth if they're under six months old.
The time length of a temporary custody order will last between five months to an indefinite period based upon the circumstances.
If you file a motion to change a temporary custody order, the judge may schedule a hearing to gather facts and information from all the witnesses. The court may, alternatively, choose to make a decision based on the affidavits and other paperwork you and the other parent submit.
One thing you should know from the very beginning is that requesting a modification is not an easy or fast process. Part of the reason modification requests can be difficult is because North Carolina requires all custody disputes to go through mediation. This is the first option for resolving the dispute.
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(See N.C.G.S. 50A-209). Order to Attend (WAKE-DOM-07A Temporary).Motion for Order to Show Cause. DATE: (efforts). (response). Jurisdiction. a). G.S. § 50-13.5(c)(2) and (d)(2) give the district court jurisdiction to enter temporary custody and support orders for minor children. This document is a collection of links to fillable forms that are available on NC Administrative Office of the Courts or AOC. To file for emergency child custody in North Carolina, file a complaint or motion with the court stating one of the grounds for an emergency temporary order. The following are links to example NC Court forms for Child Custody, Child Support, Divorce, Domestic Violence, Name Change, and Paternity Forms. You can find information on this page about how to get temporary orders in place, and how to respond to a motion for temporary orders filed against you. I have information of a lawsuit concerning the above named child in a court in North Carolina or another state.