Without a custody agreement there isn’t much you CAN do. However, I strongly recommend asking the county you live in for a free mediation hearing, which if I’m not mistaken is already mandated as a first step in custody disputes. It will be you, your spouse and the mediator. It is not a binding decision and you don’t HAVE to reach one, though the process and decisions are highly regarded by the court.


Dear rebeccalynn84:

Greetings. While it is not grounds for an emergency custody order, it is grounds for a temporary custody hearing. You must file a complaint for custody and set the matter for hearing for custody. You may want to speak with an attorney about how to draft the agreement. Thank you.

Janet L. Fritts
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


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.


i am in the middle of a custody battle that my soon to ex husband is dragging out. he has took my daughter twice, and once I had to pay him $100 dollars for him to return her, and the last time he just refused and i had to go get her from his babysitters while he was at work. is this grounds for a emergency custody order and, if it is how do i go about filing one. i went to clerk of court to file one and they said i had to hire a lawyer, but unlike my ex, i dont have the money for that. what should i do?

rebecca lynn anderson