Short Answer

In North Carolina, you must file sworn, specific facts showing the child faces a substantial risk of bodily injury, sexual abuse, or likely removal from the state to evade the court before a judge can grant ex parte (same‑day) emergency custody. Use a verified complaint or motion with detailed affidavits and attach reliable proof such as photos, medical or school records, CPS and police reports, prior court orders, and messages documenting threats or violence. A prompt hearing will follow, so be prepared to present live testimony and exhibits.

Understanding the Problem

You want to know what proof North Carolina courts require to issue emergency custody because a child is being physically punished and shows trauma. The decision point is: can you show, right now, sworn, concrete facts of danger so a District Court judge can intervene immediately with an ex parte order? The actor is a relative seeking custody; the relief is emergency custody; the practical trigger is current harm and ongoing risk in North Carolina.

Apply the Law

Emergency custody in North Carolina is a narrow remedy. A judge may enter an ex parte temporary custody order only when sworn facts show the child is at substantial risk of bodily injury, sexual abuse, or likely removal from North Carolina to evade the court. File in the District Court Division. If the child is in North Carolina and needs protection, the court may exercise temporary emergency jurisdiction even if another state is the home state. A quick, follow‑up hearing will be set where formal evidence rules apply.

Key Requirements

• Sworn specifics: A verified complaint/motion or affidavits that set out dates, places, and details of past and current abuse, threats, injuries, or attempts to hide or move the child.
• Current danger: Facts showing a present, substantial risk of bodily injury or sexual abuse, or a credible risk the child will be removed from North Carolina to avoid the court.
• Reliable corroboration: Photos of injuries, medical/therapy notes, school counselor reports, CPS or police reports, prior protective or custody orders, and texts/emails documenting threats or punishment.
• Jurisdiction facts: Where the child is located now; if asking for temporary emergency jurisdiction, confirm the child’s presence in North Carolina and why immediate protection is needed.
• Standing to file: A relative may start a custody case; longer‑term custody against a parent may require proof the parent is unfit or acted inconsistently with parental rights.
• SCRA affidavit if needed: If the other parent has not appeared, the court may require a military‑service affidavit before entering orders.

What the Statutes Say

• N.C. Gen. Stat. § 50-13.5(d)(3) (Emergency custody) – Allows ex parte custody when sworn facts show substantial risk of bodily injury, sexual abuse, or likely removal from NC.
• N.C. Gen. Stat. § 50A-204 (Temporary emergency jurisdiction) – Lets NC act when a child is present in NC and needs protection.
• N.C. Gen. Stat. § 50-13.1(a) (Who may file for custody) – A parent, relative, or other person may start a custody case.

Analysis

Apply the Rule to the Facts: As a relative, you can file for custody. Your affidavits should describe the prior removal for abuse, the current parent’s physical punishment, and the child’s trauma symptoms with dates and specifics. Attach photos, medical or counseling notes, school reports, and any CPS or police documentation. Because you are stationed out of state, make clear where the child is located now; if the child is in North Carolina and in danger, the court can use temporary emergency jurisdiction.

Process & Timing

1. Who files: The relative (you). Where: File in the office of the Clerk of Superior Court for the District Court Division in the North Carolina county where the child resides or is present. What: Verified complaint for custody, motion for emergency ex parte custody, supporting affidavits with exhibits, proposed temporary order, and an SCRA affidavit if the other parent has not appeared. When: File immediately when danger exists; the court can review an ex parte request the same day in many counties.
2. After filing, the judge reviews the sworn filings. If granted, the court sets a prompt return hearing and issues service instructions. Expect the hearing very soon (often within about 10 days, though timing varies by county).
3. At the return hearing, present witnesses and records. The court will decide whether to continue, modify, or dissolve the temporary order and set next steps for the custody case.

Exceptions & Pitfalls

• Vague or unsworn allegations are not enough; the court needs detailed, verified facts and reliable attachments.
• If the child is not in North Carolina, the court may lack emergency jurisdiction; file where the child is present or coordinate under the UCCJEA.
• Third‑party custody beyond an emergency usually requires proof the parent is unfit or acted inconsistently with parental status; plan for that burden.
• Do not skip service or SCRA steps if the other parent has not appeared; the judge may delay or limit relief.
• Expect to prove allegations at the return hearing; bring witnesses and admissible records, not just summaries.

Talk to a Family Law Attorney

If you’re dealing with urgent safety concerns and need emergency custody, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.