Legal Question in Family Law in North Carolina

Re: Child Custody help

Before you begin the process of getting involved in a motion for Temporary Custody, you need to ensure that the Court you are approaching has jurisdiction over the subject and over the parties. Also, you can only file a motion for an existing action. The motion can not be the beginning the action.

If the court has jurisdiction and the action is allowable, there are several forms that need to be included, including coversheets, certificates, affidavits, and others. Some are court-generated, meaning you can find them on the court-based websites. Others are not "forms" per se, but are legal documents that must be drafted in accordance with the NC Rules of Civil Procedure, Rules of Court and any local rules of practice or your motion may be dismissed.

In most counties in North Carolina, there is a custody mediation program set up to address fairly simple situations.It might be a good idea to start with their office and find out what the local requirements are before proceeding on your own.

So, in answer to your question, it depends on where the motion is filed, what stage of the process you are at, and what the state and local Rules state. It is advisable that before you expend a tremendous amount of time and effort attempting to file a motion for temporary custody yourself you to talk to a family law attorney in your area.