Sharing custody of your child with their other parent can be challenging for North Carolina parents. However, there are times when the child faces problems that prompt you to seek immediate custody of the child. This short-term order can be put in place whether you have sole physical custody or joint custody.
The North Carolina Judicial Branch outlines the details of an emergency custody order. You can request one only in certain situations. Only a judge can grant the ex parte order. Your child’s other parent must have avoided a court order or risks causing your child sexual or bodily abuse. Simply refusing to pay child support does not negate the other parent’s right to see their child.
If granted, the order is immediately enforced by local law enforcement. The order grants short-term custody to you regardless of the custody agreement in place. Your child’s other parent has the right to outline their case in a court hearing that you both attend.
Upon the conclusion of the hearing, the custody order in place may completely change or revert back to what it was prior to the emergency order. The results depend on the court’s findings and the ruling of the judge. You will have to present your case for why you feel the child is at risk of harm by their other parent.
The complexity of the case makes having legal representation easier on the parent seeking the emergency custody order. You can ask an attorney if your concerns warrant applying for the order.