Emergency Custody Hearing Timeline

Summary

Under North Carolina law G.S. 50B-2(b), emergency custody hearings must occur within 10 days of filing. If delayed, a motion to expedite can be filed. Visit the Mecklenburg County Courthouse to obtain and submit the necessary forms. Contact the clerks office for guidance.

Full Conversation

My sister has an ex parte order against her granting the father temporary emergency custody. The hearing is set for 23 days from the filing which violates G.S. 50B‑*(b) stating that emergrncy custody hearings must be scheduled within 10 days.
In Virginia, custody issues are governed by state law. While G.S. 50B-*(b) refers to North Carolina law, in Virginia, emergency custody hearings are typically expedited.
- Your sister may request a motion to expedite the hearing in her jurisdiction.
- Contact the court clerk for guidance on filing such a motion.
Could you confirm if the case is being handled in Virginia or another state?
North Carolina
Thank you for clarifying that the case is in North Carolina. In this situation:
- Under **G.S. 50B-*(b)**, emergency hearings must typically be held within **10 days** of filing.
- Your sister may file a motion with the court to address this delay and request a timely hearing.
Would you like guidance on how to file such a motion?
yes
To file a motion addressing the delay in North Carolina:
- Visit the court where the order was filed.
- Request the forms for a "Motion to Expedite" or similar.
- Complete the motion, citing **G.S. 50B-*(b)** and the *-day requirement.
- Submit the motion with the clerk of court.
Would you like details on contacting the court?
ues
Could you please provide the name of the county where the case was filed in North Carolina? This will help me provide accurate court contact details.
mecklenburg
Thank you for confirming the county. Below are the contact details for the Mecklenburg County Courthouse in North Carolina:

Mecklenburg County Courthouse


Phone: (*) *-*
Address: * East 4th Street, Charlotte, NC *
Website: https://www.nccourts.gov/locations/mecklenburg-county

You can contact the clerk's office for assistance with filing the motion. Let me know if you need further help!