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What grounds do you need for an emergency custody order?

On Behalf of | Dec 20, 2022 | Family Law |

When you have a child custody order in place in North Carolina, you typically need to stick to the terms of the order unless one of you asks for, and receives, approval to modify the order. Yet, in some cases, such as when your child’s health or safety may be at risk, you may be able to request something called an emergency custody order, or an ex parte order.

Per the North Carolina Judicial Branch, an emergency custody order is one that takes effect immediately after a judge signs off on it.

What constitutes grounds for an emergency custody order

You may request an emergency custody order in North Carolina in limited circumstances. You may be able to secure this type of custody order if your child is at risk of suffering bodily injury or abuse at the hands of his or her other parent. You may also be able to get an emergency custody order if you are able to show that there is a serious risk of your child’s other parent taking him or her out of state to avoid state authorities.

What happens when a judge grants the order

If the judge overseeing your case decides to grant the emergency custody order, then the next step in the process involves both you and your child’s other parent attending a hearing where you may explain your side.

The process of obtaining an emergency custody order in North Carolina may prove complex. However, if someone or something is endangering your child’s safety, it may be a smart option.