March 2015 - Triangle Divorce Lawyers

Monthly Archives: March 2015

Seeking emergency temporary custody

Emergency orders for temporary custody are orders that give one parent custody of a child until both parents can go to court and attend a custody hearing. If the child’s home state is considered to be North Carolina, the judge or magistrate has the authority to grant temporary custody if there is evidence that the child is at risk for suffering a serious injury or abuse. Additionally, if there is the potential for the child to be abducted or taken out of state without permission by the other parent, the judge may grant the temporary order.

If the parent and child are in the state of North Carolina but do not live there or have lived there for less than six months, the parent may still seek an emergency order. Again, the child or the parent must be at risk for physical or sexual abuse or be at risk for being abducted. Additionally, parents who are at risk for being subjected to violence may also request custody by filing for a domestic violence protective order.

Child custody disputes may potentially cause parents who are afraid that they will not obtain custody to act out or take matters into their own hands. If a parent has legitimate fears that their child might be abducted or if there is a history of violence or sexual abuse, an attorney may help them seek an emergency order for temporary custody.

North Carolina child custody and relocation

Depending upon the type of child custody arrangements in place, a parent may not move beyond a certain radius or outside state lines without demonstrating a “good faith” reason for the appropriateness of the move and its advantages to the child. Some examples include being hired for a better-paying position, having access to family to assist with childcare obligations or better schools. The non-custodial parent may object and disallow the move.

Depending upon the circumstances, the court may revisit the case and revise the child custody or visitation agreements to make them as scrupulously fair as possible. In some cases, the court may award physical custody to the previously non-custodial parent to help maintain stability in the child’s life. In others, the court may require expanded visitation and communication rights between the parent and child, with either the moving parent or both parents responsible for travel costs.

When examining a child custody modification, an attorney might start by considering how the spouses have interacted through the divorce and after, both with each other and with the child. The attorney may analyze the reasons for the move and whether those reasons, taken as a whole, rise to the level of the child’s best interests. Finally, the attorney might petition the court to allow or decline the move.

Source: FindLaw, “Child Custody Relocation Laws,” Accessed March 12, 2015