How do I get Emergency Custody of my Child?

An emergency custody order is an immediate, short-term custody order that may be granted in a limited number of circumstances.  Under the proper circumstances, this order is granted without hearing from or giving notice to the opposing party.

Pursuant to North Carolina law, the court may grant an emergency custody order if one or more of the following is present:

  1. A substantial risk of bodily injury to the child, or
  2. A substantial risk of sexual abuse to the child, or
  3. A substantial risk that the child may be abducted or removed from North Carolina.

If an emergency custody order is entered, a return hearing will be held within 10 days from the date the order was entered or within 7 days of the other party being served with the order, whichever is later.  This is so the judge can hear from both sides.

Keep in mind that judges do not grant emergency custody orders often.  It is best to contact an experienced family law attorney who can determine if you have the appropriate grounds for emergency custody.

Related Resources: Child Custody | Domestic Violence