Although the trial court acknowledged that defendant, a soldier stationed in Kentucky, was not on leave until four days before a custody hearing, the trial court erred (1) by failing to enter a ruling on defendant’s motion for a 90-day stay of proceedings requested pursuant to the Servicemembers Civil Relief Act, (2) by scheduling and conducting a custody hearing, and (3) by entering a temporary child custody order within the 90-day period following defendant’s 90-day stay application/filing date.
We vacate the trial court’s order peremptorily setting the hearing on plaintiff’s motion to modify custody and its temporary custody order. We remand to the trial court to address defendant’s motion for stay and to thereafter make appropriate custody determinations.
Davidson v. Laws (Lawyers Weekly No. 012-062-20, 13 pp.) (Wanda Bryant, J.) Appealed from Davidson County District Court (Wayne Michael & April Wood, JJ.) Krystal Davidson, pro se; Michelle Connell for defendant. N.C. App. Unpub.