Emergency custody of a child

Children father dropped one of my children to my door steps after she got into argument with him. It was his week with the children, I did not agree to the drop off. He dropped her off and drove away without any communication on August 23rd. Since then he hasn’t seen her or spoken to her. Recently she got hospitalized and still at the psychiatric hospital. He tried to see her and she refused visits from her father.

My question is, since we have shared custody; if children father wants my daughter on his week. Can I refuse to send her to his house? Since she doesn’t want to go to his house and I am not comfortable due to my child well being.

What is the legal process for that? Thank you

If you have a court order detailing a custody schedule, you cannot refuse to send your daughter to her father’s house - you must follow the court order.

You can file a motion to modify the custody order if a substantial change in circumstances has occurred affecting the wellbeing of the minor child(ren) since the entry of the current order.

You can file a motion for emergency custody if there is a substantial risk of bodily injury or sexual abuse to the minor child(ren) or there is a substantial risk that the minor child(ren) may be abducted or removed from the State of NC for the purpose of evading the jurisdiction of the NC courts.

A child not wanting to go to the other parent’s house will not qualify for emergency custody.

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

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