§ 50A-374 – Grant of caretaking or decision-making authority to nonparent.
50A-374. Grant of caretaking or decision-making authority to nonparent. (a) In accordance with the laws of this State and on the motion of a deploying parent, a court may grant caretaking authority of a child to a nonparent who is an adult family member of the child or an adult with whom the child has […]
§ 50A-308 – Expedited enforcement of child-custody determination.
50A-308. Expedited enforcement of child-custody determination. (a) A petition under this Part must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original. (b) A petition […]
§ 50A-309 – Service of petition and order.
50A-309. Service of petition and order. Except as otherwise provided in G.S. 50A-311, the petition and order must be served, by any method authorized by the law of this State, upon respondent and any person who has physical custody of the child. (1999-223, s. 3.)
§ 50A-310 – Hearing and order.
50A-310. Hearing and order. (a) Unless the court issues a temporary emergency order pursuant to G.S. 50A-204 upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that: (1) The child-custody […]
§ 50A-311 – Warrant to take physical custody of child.
50A-311. Warrant to take physical custody of child. (a) Upon the filing of a petition seeking enforcement of a child-custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed […]
§ 50A-312 – Costs, fees, and expenses.
50A-312. Costs, fees, and expenses. (a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorneys’ fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom […]
§ 50A-313 – Recognition and enforcement.
50A-313. Recognition and enforcement. A court of this State shall accord full faith and credit to an order issued by another state and consistent with this Article which enforces a child-custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so […]
§ 50A-314 – Appeals.
50A-314. Appeals. An appeal may be taken from a final order in a proceeding under this Part in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under G.S. 50A-204, the enforcing court may not stay an order enforcing a child-custody determination pending appeal. (1999-223, s. 3.)
§ 50A-315 – Role of prosecutor or public official.
50A-315. Role of prosecutor or public official. (a) In a case arising under this Article or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or other appropriate public official may take any lawful action, including resort to a proceeding under this Part or any other available civil proceeding to […]
§ 50A-316 – Role of law enforcement.
50A-316. Role of law enforcement. At the request of a prosecutor or other appropriate public official acting under G.S. 50A-315, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor or appropriate public official with responsibilities under G.S. 50A-315. (1979, c. 110, s. […]