Seeking emergency temporary custody
Not all North Carolina couples who decide that it is time to get a divorce make the decision amicably. In some cases that involve children, one parent may fear for the safety of their child or fear that the other parent may inhibit them from visiting their child. If there are serious threats, a parent may potentially seek an emergency order for 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.