This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction. This form assumes that the parents are not divorced or separated.
North Carolina Agreement to Give Temporary Custody of Children to Grandparents
State:
Multi-State
Control #:
US-02119BG
Format:
Word;
Rich Text
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How to fill out Agreement To Give Temporary Custody Of Children To Grandparents?
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FAQ
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.
If there is not an open case, your only option is to seek custody. In order to survive a ruling on standing (the right to file a lawsuit), grandparents must show that the parents have abandoned the child or that their grandchild is being severely neglected.
You'll need to pay the court clerk $150 to open your case. If you can't afford it, submit a Petition to Proceed as an Indigent to ask the court to waive the charges.
A signed and notarized child custody agreement is enforceable as a contract between the parents, but the court will not enforce the agreement until it is incorporated into a court order. The law in North Carolina is clear that courts are not bound by contracts regarding agreements in co-parenting.
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.
Abandonment. A parent who has willfully abandoned a child for at least 6 consecutive months (or an infant for at least 60 consecutive days) can have their parental rights terminated. Abandonment involves a parent's intention to give up their parenting duties and claims.
In North Carolina, temporary custody is the initial appearance before a court to resolve the visitation schedule pending mediation and a permanent hearing. Temporary hearings are often limited in time and involve evidence as to the stability of the parties.
To obtain guardianship, you must apply to the Clerk of Superior Court in the county where the child lives. The application form, provided by the clerk's office, requires a preliminary inventory of the ward's assets and liabilities.