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Motion To Modify Temporary Orders In Wake
Category:
State:
Multi-State
County:
Wake
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
The time length of a temporary custody order will last between five months to an indefinite period based upon the circumstances.
The grounds for granting emergency custody include situations in which a child is at a substantial risk of bodily injury, sexual abuse, or removal from North Carolina for the purpose of avoiding the authority of the North Carolina courts. Law enforcement can assist in recovering a child with an emergency custody order.
The grounds for granting emergency custody include situations in which a child is at a substantial risk of bodily injury, sexual abuse, or removal from North Carolina for the purpose of avoiding the authority of the North Carolina courts. Law enforcement can assist in recovering a child with an emergency custody order.
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.
​ Decide whether you agree with the Motion filed by the other party. ​ If you agree with the Motion, work with the other party to complete and file a Stipulation. ​ If you decide that you oppose the Motion (or some part of it) complete and file a Statement Opposing the Motion and its supporting documents.
In order to file a Temporary Emergency Custody Motion, you must file a Pleading/Complaint seeking Child Custody and/or Visitation. (See N.C.G.S. 50A-209). To file a Pleading/Complaint for Child Custody and/or Visitation go to the SelfServe Center, which is in Suite 3350 of the Mecklenburg Courthouse.
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.
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Modification of Child Custody or Visitation. This basic motion is designed to assist individuals who want to modify an existing custody or visitation order.Defendant. MOTION TO MODIFY CHILD CUSTODY. This free program will help you fill out the petition that you will need to file in Family Court. A temporary order is not changed with a motion to modify, rather it is set on the court calendar for a permanent custody hearing. To change a permanent custody order, a parent or guardian who is a party to the custody arrangement must file a Motion to Modify. Can you provide any additional details or specific instances of how the other parent has been in contempt of the temporary custody order? I was the custodial parent. Further, the Motion to Withdraw must. 17. A temporary order may be modified at any time based upon what the court determines to be in the minor child's best interests.