Emergency Custody

First and foremost, if you or your child is in danger of immediate harm, Fristensky Law, PLLC recommends calling 911 or seeking assistance from child protection services.

In North Carolina, acquiring emergency custody is a legal process designed to address situations where a child's safety or well-being is at immediate risk. This process allows a concerned party, often a parent, relative, or guardian, to seek temporary custody of a child when there is urgent need due to factors such as abuse, neglect, or other significant threats. The primary objective is to ensure the child's protection until a more permanent custody arrangement can be established.

If you need ex parte emergency custody in North Carolina, it means you're seeking a court order for temporary custody without notifying the other party in advance due to the urgent nature of the situation. Ex parte orders are designed for situations where immediate action is necessary to protect a child from imminent harm, and notifying the other party might exacerbate the risk.

Here’s a step-by-step overview of the process for obtaining an ex parte emergency custody order:

1. Prepare Your Petition: You will need to file a petition with the local district court, detailing the immediate risk to the child and why urgent action is needed. Your petition should include a comprehensive account of the circumstances that justify the ex parte request, along with any supporting evidence you have, such as medical records, police reports, or witness statements.

2. File the Petition: Submit the completed petition to the court. In an ex parte situation, you are requesting that the court take action without waiting for a response from the other party. Courts generally require a sworn affidavit or declaration alongside your petition to verify the urgency and validity of your claims.

3. Court Review: A judge will review your petition and the supporting evidence to determine if there is a genuine emergency that justifies issuing an ex parte order. The judge will assess whether the immediate risks to the child warrant an order without the other party’s input.

4. Issuance of Ex Parte Order: If the judge is convinced of the urgency and the need to protect the child, he or she may grant an ex parte emergency custody order. This order provides you with temporary custody of the child, typically until a more formal hearing can be scheduled where the other party will have the opportunity to respond.

5. Notify the Other Party: Even though the initial order is issued without their knowledge, you are usually required to inform the other party of the ex parte order as soon as possible. The court will set a follow-up hearing to review the situation in more detail and to provide the other party an opportunity to present their side of the case.

6. Attend the Follow-Up Hearing: This hearing will allow the court to decide whether to extend the temporary custody arrangement or make it a more permanent arrangement. The court will consider all evidence and arguments from both sides to ensure a decision that serves the best interests of the child.

Throughout this process, it’s advisable to work with an attorney who can help you navigate the legal requirements and effectively present your case. Emergency custody cases are sensitive and complex, so having professional legal guidance can significantly impact the outcome and ensure that the child's safety is prioritized.

If you need an attorney, please make an appointment for a free consult.