Since school has been out due to COVID19 when my son is with his dad he has missed many Zoom classroom meetings and isn’t having our son do the assigned work. Is this enough to file for emergency custody?
Just as additional information, I have legal custody. Our son is with me for 8 nights and then with his dad for 6 nights. So he is missing quit a bit of school “work.”
No, this would not qualify for ex parte emergency custody.
To be granted an ex parte emergency custody order, you must show (1) that there is a substantial risk of bodily injury or sexual abuse to the minor child or (2) that there is a substantial risk that the minor child may be abducted or removed from the State of NC for the purpose of evading the jurisdiction of the NC courts.
You should document the missed schoolwork in case you need this information for a motion to modify custody. Assuming you have a permanent court order for custody, you are eligible to file a motion to modify custody when there has been a substantial change in circumstances affecting the wellbeing of the minor child.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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