You would do anything to protect your child, but what about when you need to protect them from another parent or family member? It is frightening to think that a parent or guardian could be capable of harming their child. However, if you believe that your child is in danger while in the custody of the other parent, you must take a stand and protect them. An emergency custody order may be what you need to help keep your child temporarily safe from harm.
What is an emergency custody order, and what happens after one is granted? At Marshall & Taylor PLLC, the health and safety of Raleigh families is our top priority. We want to help you understand an emergency custody order and how to get one to protect your family from danger.
What Is an Emergency Custody Order?
An emergency custody order, an ex parte order, is an immediate, short-term custody arrangement. A North Carolina judge can only grant it under specific conditions and circumstances without holding a hearing for the other party.
An emergency custody order is an extreme measure to ensure a child’s safety and well-being. However, it is only a temporary custody order, meaning the other parent will eventually get to explain their side of the situation.
What Qualifies as Emergency Custody?
To obtain an emergency custody order from a judge, you must reasonably believe that your child is in imminent danger or faces a substantial risk of bodily injury or sexual abuse from the other parent. North Carolina courts typically recognize these as grounds for emergency custody order:
- The child is at risk of immediate physical harm or bodily injury
- There is a substantial risk of sexual abuse
- The child is in danger of being abducted from North Carolina to evade court proceedings
You must show the judge that your child needs an emergency custody order to protect them from any form of child abuse. Typically, law enforcement can assist in recovering the child when the court has granted it.
The legal process of obtaining an emergency custody order can vary depending on the jurisdiction. In most cases, you must file a motion or complaint to the court and provide a sworn statement on why the order is necessary. The judge can consider the motion without the other parent present at the hearing, provided you can prove your case and present evidence the child is in danger.
What Happens After Emergency Custody Is Granted?
What happens after emergency custody is granted? Once you have an emergency custody order, you can immediately obtain physical custody of your child. Law enforcement may assist you in gaining custody of your child as well. However, remember that an emergency order is only a short-term custody arrangement.
Next, you need to prepare for court. The court will schedule a hearing involving both parents, typically within ten days. The opposing party can present their side of the situation, and you can argue to extend the emergency order or modify the terms of the original custody agreement.
You want to go into the hearing with aggressive legal representation. Not only can a family law attorney help you pursue an emergency custody order, but they can also represent you at the subsequent hearing. Your child’s safety is on the line. Do not attempt to navigate the legal system solo and increase the chances of your child ending up back in the hands of an unstable or abusive parent. A family law attorney can advocate for you and your child’s best interest, protecting your rights and building a solid case based on evidence. You are here to protect your child. At Marshall & Taylor PLLC, we are here to protect you.
Get Legal Advice from an Experienced Family Law Attorney Today
Can you file an emergency custody order on your own? Yes. Can you guarantee your child’s continued safety without the help of an experienced family law attorney? Your child’s well-being is not something you should leave to chance. Obtaining an emergency custody order is only step one. You have other battles ahead when the other parent gets their day in court. Prepare yourself. Work with an experienced Raleigh family law attorney from our firm.
At Marshall & Taylor PLLC, we want to help you assemble a formidable case that protects you and your child from harm. Call our North Carolina office today at (919) 833-1040 or contact us online to set up a confidential case review.