can i file for emergency custody?

Good question.  NCGS 50-13.5(d)3 is the statute which allows for emergency child custody actions in North Carolina, and reads as follows: "A temporary order for custody which changes the living arrangements of a child or changes custody shall not be entered ex parte and prior to service of process or notice, unless the court finds that the child is exposed to a substantial risk of bodily injury or sexual abuse or that there is a substantial risk that the child may be abducted or removed from the State of North Carolina for the purpose of evading the jurisdiction of North Carolina courts." I recently wrote a blog on the topic of emergency child custody actions in North Carolina which may shed some additional light on when emergency action is a appropriate and what procedures are involved.  In your particular situation, you would be proceeding under the premise that there is a "substantial risk of bodily injury."  As emergency actions greatly impact the rights of the other parent involved, these types of cases are not taken lightly by judges. here, the mere threat of beating your son with a wooden spoon may not be enough to give rise to an emergency action. However, sitting on the child and beating him could potentially give rise to an emergency claim, depending on the severity of the beating and how long ago the incident occurred (i.e., if this happened once 2 years ago, a judge isn't likely to agree with you that there is an ongoing emergency.  If you are concerned regarding the safety of your child, I strongly encourage you to seek immediate legal counsel regarding this matter.  Hope this helps.