When does a court have temporary emergency jurisdiction?

When exercising temporary emergency jurisdiction, a court may only order temporary orders that address the emergency and protect the child. GS 50A-204 (a) and Official Comment.

When does a temporary order remain in effect in North Carolina?

If the state with jurisdiction has not acted and is not acting in a child custody proceeding, the North Carolina temporary order remains in effect until an order is obtained from a court in a state that has jurisdiction. GS 50A-204 (b).

Can a court transfer jurisdiction from one state to another?

Ultimately, the courts of both states have to confer and decide which state is better for the kids’ wellbeing. If you’re trying to switch the jurisdiction over a simple issue such as child support, the conferring states may say, “Oh, it’s only a money thing,” and the original state will end up retaining jurisdiction.

What are the different types of jurisdiction under UCCJEA?

Under the UCCJEA, there are different types of jurisdiction: initial (the first custody order concerning a child), modification (when there is a previously issued order), and temporary emergency jurisdiction. GS 50A-201 through -204.

When exercising temporary emergency jurisdiction, a court may only order temporary orders that address the emergency and protect the child. GS 50A-204 (a) and Official Comment.

If the state with jurisdiction has not acted and is not acting in a child custody proceeding, the North Carolina temporary order remains in effect until an order is obtained from a court in a state that has jurisdiction. GS 50A-204 (b).

How long does it take for a judge to issue a temporary order?

Once the request is properly made, a hearing will be scheduled within days or weeks and a judge will issue his or her decision, either at the hearing or shortly thereafter. Spouses can ask a court to temporarily: establish child custody and visiting arrangements provide for spousal support (alimony) and/or child support payments

Can a court render a temporary order in a suit for modification?

TEMPORARY ORDERS. (a) Except as provided by Subsection (b), the court may render a temporary order in a suit for modification.