MATTER OF HERNANDEZ

No. 7912DC995.

264 S.E.2d 780 (1980)

In the Matter of William HERNANDEZ, Jr.

Court of Appeals of North Carolina.

April 15, 1980.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Steven F. Bryant and Leonard T. Jernigan, Jr., Raleigh, for petitioner-appellee.

Dorothy E. Thompson, Raleigh, for respondent-appellant.


HILL, Judge.

The respondent argues that the trial judge erred by failing to dismiss the petition in this cause. Respondent contends such petition must include specific facts upon which the magistrate may find by clear, cogent, and convincing evidence that the requisite criteria are present to justify the issuance of an emergency order.

The magistrate in this matter issued the custody order pursuant to the special emergency procedure of G.S. 122-58.18 which...

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