When should you file for an emergency child custody order?

On Behalf of | May 11, 2020 | Child Custody & Support |

When you got married, you may have had the dream of having two children, a nice house in a nice neighborhood and a long, happy marriage. However, life doesn’t always mirror our dreams. You may now have an extremely troubled relationship with your ex, and you’re concerned about sharing custody of your children.

In some situations, you may need an emergency child custody order if you are concerned for your children’s safety. In North Carolina, a short-term emergency child custody order may be granted if you can show the court the following:

  • Your child has a substantial risk of bodily injury with your spouse. This includes if you find your child with signs of abuse after a recent visitation. Or if your spouse is physically violent with you during any interaction you have with them.
  • You suspect your spouse of sexual abusing your child and have evidence of that.
  • You legitimately fear your spouse will kidnap your child and leave North Carolina to avoid a court order here.

You need to file for an emergency child custody order, and at that time, the court will schedule a hearing. Both you and your spouse will have the chance to state your case for granting or dismissing the emergency custody order.

The process of getting an emergency custody order is complex. It’s always better to work closely with a family law attorney if you feel you need emergency custody. You will have a better chance of a judge granting the emergency custody order, and then you will have better peace of mind about your children’s well-being.