Emergency Custody - COVID19

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.