Motion For Temporary Relief

Ask Your Question For Free

Summary

A motion for temporary relief is a legal request for short-term assistance until a case is resolved, often related to child custody or support. If your child is a California resident but the custody order is in North Carolina, you may need to file motions in both states to transfer jurisdiction. Evidence of the childs wellbeing in California can support your case. Consult a local attorney for specific advice and to navigate the legal process effectively.

Full Conversation

My child is a California resident and has been living with me for the last 4 years I am secondary on joint costudy file in North Carolina
It seems you are looking for information on filing a Motion for Temporary Relief in North Carolina regarding child custody. Here are some general points:
- File motion in court where initial custody order was issued.
- Include reasons for the request and supporting evidence.
- Attend a hearing to present your case.
For specific details, consider consulting with a local attorney.
the issue is that my child went to go visit mother before school started but now mother doesn’t want to return her
Since the court order was issued in North Carolina, you may need to file for enforcement of the custody order there. Here are some steps you can consider:
- Contact local law enforcement.
- File a motion for contempt of court.
- Consult with a lawyer for more advice.
Please note, this is just general advice and for specific advice, consult a local attorney.
But mother is primary
If the mother is the primary custodial parent and there's no violation of the current custody agreement, it may be challenging to enforce the return of the child. However, if the agreement is violated, you can:
- File a petition for modification of custody
- Show evidence of refusal to uphold agreement
- Seek legal advice.
Please consult a local attorney for more specific advice.
What if my child is a California resident
If your child is a California resident, there may be a possibility of transferring jurisdiction to California. However, this process can be complex. Here are some general steps:
- File a motion to change jurisdiction in North Carolina.
- Provide evidence that child and at least one parent have significant connection with California.
- Show that California would be more convenient forum.
Please consult a local attorney for detailed advice.
Child has been going to school since the beginning in California for 3 years last time child saw mother was 2 years when the mom came to visit in California
Given the child's established residency and schooling in California, it strengthens your case for transferring jurisdiction. Would you like guidance on finding a local attorney to help you navigate this process?
Child also has a lot of support from family and friends in California
It sounds like you have a strong case for transferring jurisdiction to California. Do you need assistance finding a local attorney who can help guide you through this complex process?
Can I get my child back faster if my case is strong
A strong case can indeed expedite the process, but the timeline varies depending on the court's schedule and other factors. Would you like me to provide information on any specific aspect of the process?
Yes
What specific aspect of the process would you like more information on? For example, filing for the motion, court hearing, or navigating the legal system in California?
Is it expedited since the mother lied if tho she is primary
If the mother has misrepresented facts, it could potentially influence the case. Here are steps to consider:
- Gather evidence of any false statements.
- Present this at the hearing.
- Consult with a lawyer to discuss potential ramifications.
Remember, this is general advice. Always consult a local attorney.
Can they grant me temporary costudy to get her back to California
It's possible for the court to grant you temporary custody, especially if you can demonstrate the child's wellbeing is at risk. However, these steps are generally followed:
- File a motion for temporary custody in North Carolina.
- Provide evidence supporting the child's best interest.
- Attend a hearing.
Please consult a local attorney for more specific advice.
If it goes my way in the hearing do I get my child right away
If the court awards you temporary custody, the implementation of the order depends on various factors including the specifics of the order and cooperation of the other party. You may need law enforcement's help for enforcement. Consult your local attorney for detailed guidance.
Does my military disability count as income to support my child ?
Typically, military disability benefits are considered a form of income and can be taken into account for child support calculations. However, the specific laws can vary depending on the state. Could you please clarify if you are in California or North Carolina, so I can provide more accurate information?
Im in California
In California, military disability pay is generally considered income for child support purposes. Here are some points to consider:
- The court will consider all your sources of income.
- It includes military disability benefits.
- The court aims to ensure the child's needs are met.
Consider consulting a local attorney for personalized advice.
The mother of my child has not provided for the last 4 years
If the mother has not provided support for the last 4 years, you might be able to seek retroactive child support. Here are some steps:
- File a motion for retroactive child support in court.
- Provide evidence of lack of support.
- Attend a hearing.
Consult with a local attorney for specific advice.
The mother when she was in the military was receiving extra pay for child but child was never with her
If the mother was receiving extra pay for the child while in the military, but the child wasn't with her, you might be able to use this as evidence in your case. Do you need more information on how to proceed with this information?
Will the judge see this if I don’t mention it
Generally, courts rely on the information presented to them. If you don't bring up the issue of the mother receiving extra pay while the child was with you, the judge may not be aware of it. Would you like information on how to present this in court?
Do North Carolina family courts agree to Change jurisdiction if child home state is California
Yes, North Carolina family courts can agree to change jurisdiction if the child's home state is California. Here are some relevant points:
- North Carolina must decide it's no longer the child's "home state"
- California must agree to take jurisdiction
- You'll need to file a motion in both states
Please consult a local attorney for more specific advice.
So I need to file in California too ? Even tho the costudy order is in North Carolina
Yes, typically you would need to file in both North Carolina and California. The process generally includes:
- Filing a motion to transfer jurisdiction in North Carolina.
- Filing a motion to accept jurisdiction in California.
- Providing evidence supporting the change.
Please consult a local attorney for personalized advice.
What if I don’t file in California can North Carolina still change to California
If you don't file in California, can North Carolina still transfer jurisdiction to California?
Answer: Generally, both states involved must agree to the transfer of jurisdiction. If you don't file in California, it may complicate the process. Please consult with a local attorney for more specific advice.
Can my attorney in North Carolina file motion in California
Yes, your North Carolina attorney can potentially file a motion in California. However, they must:
- Be licensed to practice in California, or
- Partner with a California-based attorney.
For specific guidance, consult with your attorney.
What if they are not
If your North Carolina attorney is not licensed in California, they can't file a motion there. They may need to partner with a California attorney or you may need to hire a California attorney. Would you like assistance finding a California attorney?
Ok
Thank you for your responses. If you have any other questions or need more clarification on any points, feel free to ask.
Oh is the first hearing in person or can it be through zoom
The mode of the hearing (in-person or via Zoom) depends on the specific court's policies, which have been varying due to the COVID-* pandemic. Could you please specify whether your hearing is in North Carolina or California so I can provide more accurate information?
It’s in North Carolina
In North Carolina, many courts are currently offering remote hearings due to the COVID-* pandemic. However, this can vary by county and specific case type. It would be best to contact the specific court or your attorney for detailed information. Would you like assistance finding the contact information for the relevant North Carolina court?
Yes

North Carolina Judicial Branch


Phone: (*) *-*
Address: * E Morgan St, Raleigh, NC *
Website: www.nccourts.gov
Is there one in Jacksonville
Yes, there's a court in Jacksonville, North Carolina. Here are the details:

Onslow County Courthouse


Phone: (*) *-*
Address: * Court St, Jacksonville, NC *
Website: www.nccourts.gov/locations/onslow-county/onslow-county-courthouse
Can judge see pictures of child on how happy she in California
Yes, in custody cases, judges often consider evidence of the child's wellbeing. Pictures showing your child happy in California could be helpful. However, you should consult with your attorney on how to best present this evidence.