QUESTION

Where do I file for an emergency custody hearing if I live in Chapel Hill, my daughters father has taken her to SD, CA and does not intend to return

Asked on Sep 15th, 2013 on Child Custody - North Carolina
More details to this question:
She lives with me, her mother in Chapel Hill and is registered for school here, He has her every other weekend and one day a week per verbal agreement
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1 ANSWER

Family Law Attorney serving Chapel Hill, NC
If the minor child has resided in North Carolina for the past six months and was taken by her father to another state, you can file your action in North Carolina.  In your action, you will request that the Court make certain findings, including that the State of North Carolina has jurisdiction over this matter and to make decisions concerning custody of your daughter.  It appears that you may have grounds for emergency custody given the facts.  Continue to keep an open line of communicate with your daughter and her father so you can provide detailed information in your legal action.  Try to reassure your daughter without discussing legal aspects of your case.  Document your requests that your daughter is returned to North Carolina and urge her father to put her needs first.  Speak with an attorney who regularly practices in your county since immediate legal action seems appropriate.  Good luck to you.         This response is for informational purposes only, does not represent legal advice nor should it be viewed as a substitute for legal advice.
Answered on Sep 16th, 2013 at 5:44 PM

This response does not establish an attorney-client relationship nor is it an acceptable substitute for seeking legal advice.

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