Attorney plz respond re: emergency custody


#1

if it is an emergency temp custody hearing it shouldnt be able to be continued.


#2

Dear Cinnwall,

It is unlikely a court will continue this hearing given the circumstances. The best thing you can do is stress how important it is for this matter to be heard by the court.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#3

Ok, I am so frustrated w/ the courts. It was continued! either a 2wk or 3 wk continuence. So what does count as an emergency custody? I am worried about the emotional effects this is having on my kids and how much more they can take.


#4

My husband was just served papers for a compliant from me for sole custody, child support, spousal support, etc… My attorney has set up a custody date for this next wk for emergency custody. (kids are in his custody now since he lied to courts and said that I threatened him so they granted him temp. custody.) Anyways, I have recorded my 10yr old daughter 2 days ago talking on the phone to me crying and saying she can’t take her father making her take care of her other 2 siblings (6 and 8) and her father always yelling at her and her homework not being signed so that she gets in trouble. (What I didn’t record is that she admitted trying to hurt herself, putting cuts on herself, and choking herself).

Now for my question, with all this emotional trauma my kids are being put through, I know my husbands attorney will continue this courtdate, but is there any way that I can get this heard and NOT continued. My kids are suffering emotionally (their father works from early afternoon till 4am, so they are with a sitter most of the time), and their school work is suffering, my daughter takes care of her brother and sister and feels like she can’t take it anymore. What can I do???