Emergency Custody in North Carolina
Parents should be the people that children feel safest with—but sometimes a parent isn’t healthy for a child. If you are worried about a child’s immediate safety, you have options to help them. You can assist the child in moving to a safe place, especially if you are a parent, close relative, or caregiver.
One fast way to help a child in a difficult custody situation is to request emergency custody. This allows you to quickly ask a judge for temporary custody to provide safety to an endangered child. However, this process can be complex, especially when emotions are running high. In this article, our team walks you through everything you need to know about emergency custody in North Carolina.
North Carolina Child Custody Law
Although the North Carolina statutes do not define legal custody or the different types of physical custody, appellate court cases have developed the following definitions:
- Legal custody: the right to make major life decisions for a child until they reach the age of 18
- Physical custody: the right to be in charge of a child’s care and control, and keep the child within your household
- Joint custody: when separated parents or guardians share legal and physical custody
In some custody cases, a judge might decide that only one parent can make important decisions. The judge may also find that the other parent is not a danger to the child. The judge will grant the first parent “primary custody”, and the child will be with that parent the majority of the time. The second parent will receive “secondary custody” and may be granted specific periods of custody time.
“I wanted to thank you. I know it takes a lot to put together a case. After the first time meeting with you, you remembered our information, barely referring to your notes and continued to do so. You were generous with your thoughts and ideas as to how we could get what we were hoping for and it's so appreciated. We couldn't have gotten the verdict yesterday without you....It really does make a difference that you seem to care.”
“I went to another law firm and they turned me down…would not take my case. Myers Law Firm met with me, handled my case and would not back down from insurance company. Even when they had to file suit to protect me for my personal injury and property damage. I received a very fair settlement. Mr. Myers I appreciate you and your staff.”
“Mr. Lee-Thanks to you and Bessie for all of your help last year and most recently with the referral. I sold the house and the kids and I moved 8 days before Christmas. God is good, faithful and true.”
Let us help you.
SCHEDULE YOUR CONSULTATIONWhat Is Emergency Custody and Who Can Petition for It?
An emergency custody order alters an existing custody arrangement.
If one parent is putting their child in immediate danger, the other parent can file a motion for temporary emergency custody. If granted, the temporary order will allow the other parent to remove the child from the first parent’s custody and keep the child until further court order.
An emergency order like this will only be in effect for a short period. This procedure mainly applies to parents. However, third parties like grandparents may also use it in certain cases.
A judge will only grant emergency custody in serious cases. You can’t obtain emergency custody because you disagree with your former partner’s parenting decisions. In North Carolina, there must be proof of impending physical danger. These situations include:
- When the child is at a substantial risk of bodily injury. A parent might have a substance abuse problem or develop anger issues.
- When the child is at a substantial risk of sexual abuse. A parent or someone the parent knows is abusing the child.
- When the child is at substantial risk of removal from North Carolina. A parent is trying to avoid the authority of North Carolina courts. This can include relocating a child during a divorce, but not always.
RELATED ARTICLE: Can I Prevent My Spouse from Seeing the Children During a Divorce?
Who Can Get Emergency Custody?
In North Carolina, most of the successful emergency custody cases are filed by:
- Another parent
- A grandparent
- A close relative such as an aunt, uncle, or sibling who is of age
- Someone who has previously cared for the child but is not their parent
A judge can grant emergency custody if the child has lived in North Carolina for at least six months. If the child is younger than six months, they must have lived there since birth. In some cases, authorities may lift this restriction for the safety of the child.
What Happens After Emergency Custody Is Granted?
After you file an emergency custody motion with the court, the judge will review your allegations. Then, the judge will decide if an emergency order is necessary.
Depending on the case, the judge could take anywhere from a couple of hours to a few days to decide the outcome.
If your motion is granted, here’s what will happen:
- You will be granted temporary custody the moment the order is entered.
- You must serve the original guardian with the Motion and the Order stating that custody has changed.
- Depending on the situation, law enforcement may help remove the child from the original guardian’s care.
- The judge will schedule a hearing where you and the original parent will have a chance to present your cases. Having legal counsel can greatly help in this situation.
- Finally, the judge will decide whether to go back to the original custody arrangement or make a new arrangement. Depending on what decision the judge makes, the case will likely proceed to a permanent custody trial.
How to File for Emergency Custody in North Carolina
While the emergency custody petition process is complicated, legal counsel can help you ensure you complete every step correctly:
- Identify the correct court where you’ll file your petition for emergency custody.
- Prepare and complete the necessary paperwork.
- Gather third-party statements to back up your claims and strengthen your case. Include third party name, residence, relationship to the child in question, and contact information.
- Compile any relevant evidence. This includes past and current custody orders, pending charges of domestic violence or abuse, pending termination of parental rights, and relevant medical records or CPS reports. Also gather any relevant screenshots, text messages, or photos.
- Your attorney will file a complaint or motion in the appropriate court.
Keep in mind that you must provide only factual, relevant, and credible information. If you provide false information, you will lose credibility with the judge and may face sanctions. You might also lose shared custody of the child, if you had it.
Working with a skilled family law attorney from Myers Law Firm is a great way to help make the process run smoothly. It helps ensure everything is accurate and in the child’s best interests.
What Happens if an Emergency Custody Order Is Denied?
A judge might deny your request for emergency custody. If this happens, it is usually because the judge thinks you did not allege the necessary qualifying conditions.
While a delay isn’t ideal, there are still a few things that may happen in your favor. A psychologist and Child Protective Services (CPS) may conduct further investigation into your case.
You also can pursue custody through the standard process. This will take a bit longer, as you’ll need to meet the required legal notice and service requirements.
If you want to get custody through traditional methods, contact an attorney right away. They can help you understand your options, complete each step correctly, and advocate for you.
This support is critical, especially in cases where children are potentially in danger and emotions are running high. The Myers Law Firm team has decades of experience supporting families like yours. Our team is ready to meet with you and help you take the next best step.
RELATED ARTICLE: 5 Reasons a Judge Will Deny a Custody Order
Contact Myers Law Firm Today
For quick and expert help with your emergency custody order, contact Myers Law Firm at (888) 376-2889 or use our online form.
Myers Law Firm has years of experience and a reputation for skilled and compassionate representation to help you through this difficult time. Contact us today to set up an initial consultation to discuss your emergency and develop a plan of action.
References
North Carolina Judicial Branch. Child Custody. Retrieved from https://www.nccourts.gov/help-topics/family-and-children/child-custody
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
Contact Myers Law Firm
We are committed to continuing to serve our clients’ legal needs
Single Divider
Please don’t hesitate to reach out for a consultation to discuss how we can help you. We are happy to meet with you in-person, over the telephone, or via video conference to discuss your situation, your needs, and how our attorneys can help.