How to get emergency custody of a child in nc
How do you obtain an emergency child custody order? As you might expect, the situation becomes more problematic when the child is across county, or even state lines, as the cross-jurisdictional factor is added.
If your situation is so serious that you have fled to another state, you can file a petition for an emergency custody change. However, know that your process has become significantly more complicated. Your original court will always have primary rule over your case.
In this situation, a different court may be permitted to make a temporary order to change custody. The temporary custody order will last only as long as the time permitted or until you have made appropriate arrangements to have a permanent change considered in the court that issued the original order.
How to get emergency custody of children
While it is possible to deal with this on your own, it is much easier to manage if you obtain legal representation. If you cannot afford an attorney, find a local Legal Aid Society or call the state bar for direction for low cost or no cost legal assistance.
A lawyer will have a deep understanding of the court's rules, procedures, and the law. File the petition requesting an emergency hearing for an immediate change to the current child custody arrangement.
What You Should Know About Emergency Custody of a Child
Such cases are generally heard very quickly and may often be initially handled in the absence of the other parent. This is called an ex parte hearing.How to Get Emergency Custody of Children
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What is emergency child custody?
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How To Get Emergency Custody Of Children
Emergency custody of children is often sought if one parent becomes abusive and presents imminent harm or threat to the child. Other instances include child abandonment or parental substance abuse that puts the child in danger.
It is only granted in exigent circumstancesso unless the threat of harm is serious, parents should not attempt to seek emergency custody. If you become aware of a serious and immediate threat to the child coming from a parent, you need to consult with the family court in your state. Different states, counties and municipalities have different rules regarding which court handles family law issues, so you will need to call the clerk of courts to determine the court with jurisdiction over child custody issues.
However, if a child must be taken into emergency custody, the reasons run the gamut. Only select individuals may take a child into emergency custody.
If you want more information, research emergency child custody for your state in particular. When a police or peace officer takes a child into emergency custody, the child may go to a medical facility for treatment, a behavioral treatment facility for evaluation or a kinship foster home.
In some cases, children are returned to the home after being placed into emergency custody.