How to file for emergency custody in nc

Emergency Custody of Children in Raleigh

how to file for emergency custody in nc

Learn about the grounds and process for filing for emergency custody in North Carolina. We prioritize emergency custody actions.

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Child custody includes the right to make major life decisions about a child and the right to have the child in your care. Visitation is a secondary form of custody, which includes the right to visit with a child at times set forth in a court order, sometimes under specific conditions. Legal custody is the right to make major decisions about the child. Physical custody means the right to have the child in your physical care, either all the time or part of the time. Both legal and physical custody can be either shared by the parents or held solely by one parent. If parents have joint legal custody, then they must consult one another and jointly make major decisions, such as where the child will attend school or whether the child will have a major medical procedure. If the parents cannot agree, a court may have to make the decision.

In North Carolina child custody cases, emergency temporary orders may be entered upon the request of one party without the other party being present in court. The ex parte order, if entered by the court, will be reviewed with notice and an opportunity for the other party to be present within ten days. Reasons for emergency custody are varied, for example, an ex parte custody order may be entered if a child is abandoned. Another example where an ex parte order is appropriate is if the child has been a victim of physical abuse by a parent. Many parents think that emergency custody can be sought in every situation; however, that is not the case. District court judges generally look very closely at applications for ex parte emergency custody and will refuse to enter an order unless the facts clearly rise to the level requiring the court to enter an order.

Petitioning the court for emergency child custody is a very serious matter. In North Carolina, there are very limited circumstances for which a court will find justification for an emergency child custody order. In the case of a child less than six months old, the child must have lived in the state since birth. An emergency child custody request is made to the court by filing a complaint or motion and a sworn statement of facts about the circumstances involving the child. Ex parte proceedings are very rare in the judicial system, because all interested parties are not present or represented.

Emergency custody orders are only given in North Carolina when a child is in a danger of immediate harm. In these situations, a court may be willing to give an order without giving the other parent a chance to respond to the allegations. If you think one of these situations applies to you, contact a child custody attorney immediately. Emergency custody orders are temporary. They are permitted in extreme situations when the risk to the child is too significant for the court to wait to make a decision.



Emergency Child Custody in North Carolina

Child Custody

There are some situations in which it is necessary to gain emergency custody of children when they are at risk of harm or of being removed by the state from the other parent. Are your children in danger due to domestic violence, child abuse or child molestation? Do you suspect the other parent is planning to remove the children to another state without warning? The child custody lawyers at Charles R. We have answered some anticipated questions so you understand how this legal process works. These orders are issued by a judge when there is a claim that children are at risk of harm, such as in cases involving domestic violence, child abuse, criminal activity or other serious matter. The judge can issue an order for the temporary custody of a child pending a court hearing about the matter, in which the other party has the right to present evidence that could challenge the allegations.

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4 COMMENTS

  1. Healthkersdeanscur says:

    Need Emergency Custody of Your Children in Raleigh?

  2. Tyson V. says:

    The grounds for granting emergency custody include situations in which a child is at a substantial risk of bodily injury, sexual abuse, or removal from North.

  3. Daniel N. says:

    There is no other issue that is more important in family law than your children and we will we fight hard for you and for them!

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