Emergency custody orders are only given in North Carolina when a child is in danger of immediate harm. These decisions take away one parent’s rights to child custody without giving that parent notice or the opportunity to participate in the proceedings.
Limited Grounds for Emergency Custody
North Carolina limits emergency custody orders to three situations:
- The child is exposed to a substantial risk of bodily injury
- The child is exposed to a substantial risk of sexual abuse
- There is a substantial risk that the child will be abducted or removed from North Carolina for the purpose of evading North Carolina courts
In these situations, a court may be willing to give an order without giving the other parent a chance to respond to the allegations. If you think one of these situations applies to you, contact a child custody attorney immediately.
Hearing After the Emergency Custody Order
Emergency custody orders are temporary. They are permitted in extreme situations when the risk to the child is too significant for the court to wait to make a decision.
The other party will need to be given notice and a chance to respond to the allegations. The court can decide whether to keep the temporary custody order in place or not. Either parent can then choose to have the issue of permanent custody decided by the court.
Denial of Emergency Custody
Courts will deny emergency custody order requests if you fail to show that one of the three situations listed above exists. This is a high standard to meet, and the court can’t grant emergency custody orders that don’t meet this standard.
You still have the option to go through the regular custody process and have the court give a permanent custody order for your child. You will have to abide by the typical notice and service requirements so that your child’s other parent can participate in the proceedings.
If you are notified that your child’s other parent has received an emergency custody order, you should contact a family law attorney right away. You may have a limited time to prepare and respond to the allegations during a hearing.
King Law Offices is a full-service law firm with an outstanding team of professionals who work diligently, creatively, and compassionately on behalf of our clients each day. We serve the Upstate of South Carolina and Western North Carolina. Call 888-748-KING (5464) today for a consultation with one of our dedicated family law attorneys.