A nonbiological parent I assume is a step parent? Persons who are not natural parents are considered third parties in custody disputes. Natural parents have the paramount constitutional right to custody of their children. However, if a third party, such as a step parent, has a parent-child type relationship with the child, that give the third party standing to sue for custody. Once standing is shown, you must then show that the natural parent is unfit to have custody, or that the natural parent has acted inconsistently with her or his constitutional paramount rights to custody. I know this probably sounds like a lot of legal mumbo-jumbo, and it is, but it is NC law. You will need a family law specialist to help you with your claim for temporary custody.