Emergency Custody Order


#1

There are several reasons that an emergency order can be granted, but the underlying issue must be one that poses an immediate risk of substantial harm to the child. Some examples are: abuse of the child, drug use, mental illness, threats of suicide, threats to remove the child from the jurisdiction. Even if an emergency order is granted, it is only in effect for ten days, the court will set a hearing within that time for both parties to come back and present their side of the case.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 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.


#2

Is there any way that my husband can file for emergency custody order without me being abusive or a drug addict. If he went into the court house today to get a paper signed saying I could not see my daughter until the case is closed and documents are signed off by the judge, could he do that?