My ex and I have an order in place in NC outlining when my daughter is to be with me. I live out of state. The order states that if he is unable to care for her, she stays with me until he is able to care for her. I’ve found out she hasn’t been living with my ex for a year. She’s been living with his parents without him because they threatened to take her from him permanently. This has all been kept from me for the past year since he hasn’t allowed my daughter to visit me in the past year. She is visiting with me now because her grandfather brought her to me pending my ex’s most recent court date (which has now been continued). My ex is telling me I have to return her, but my order doesn’t indicate that I have to return her to live with his parents. I feel as though I am following the order since he can’t care for her and it doesn’t say his parents are to care for her.
I’m in the process of filing a motion to modify custody but need to also file for emergency temporary custody. Where can I get these forms? I can’t afford to pay an attorney. Do I have to drive to NC to file them, or can I have someone in NC take them to the courthouse for me? Please advise. My daughter is scared to death to go back to NC.