Emergency Custody in North Carolina – The Basics

emergency child custody Emergency Custody is an extraordinary relief available in some child custody cases.  For an in-depth article, go here, if you need immediate assistance call our firm and we will consult with you and evaluate if an emergency exists that releif can be obtained from a court on.

When I get asked about emergency custody I generally focus on two issues: (1) harm and danger to the child and (2) the risk of a child being taken from North Carolina to avoid this state’s child custody jurisdiction.  In applying for emergency relief from a judge it is typically done “ex parte” where the other side is not present in court.

“Ex parte” means that only one side is telling the court its version of facts and events since the other side has not yet been given the opportunity to address the court.  The problem for judges in these situations is that  since the other side has not had an opportunity to be heard, they are hesitant to enter them unless circumstances clearly warrant it.  Therefore, the court must review a temporary emergency custody order within ten days, at which time the other side has the opportunity to present his or her own evidence. After the court has heard the evidence from each side, the order will be continued (kept in force), modified, or terminated (dissolved).

 

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Scott Allen is a divorce attorney in Raleigh, NC with over nineteen years of experience in all areas of custody litigation and settlement.  He can be reached at 919.863.4183.