Emergency Custody?


#1

How do I file for emergency custody with no money?


#2

There are forms at the courthouse.


#3

I am not a lawyer

In my experience, you would need at least some money to file for emergency custody by yourself (pro se). When I filed (keep in mind this was almost a year and a half ago), it cost $117, including having the papers notarized (I filed for emergency custody, and regular custody, had to have both notarized) and sheriff’s service. The rest of that cost is filing fees. I filed in mecklenburg county, and I believe the fees may have gone up by now. However, the cost is still relatively small, especially considering that emergency custody is usually asked for (and granted) for cases where the children are in some sort of danger, and therefore 1000% worth the cost. If you have any family that can give you the money for it, I would definitely ask.

If you have absolutely no money, then I would recommend calling legal aid. A lot of times, they can work with you on a sliding scale, and I believe it includes filing one item for you. Call your local legal aid and ask them how they can assist you. However, I don’t know how quickly they can get an emergency custody action filed for you…


#4

[quote=“needtoleave”]I am not a lawyer

In my experience, you would need at least some money to file for emergency custody by yourself (pro se). When I filed (keep in mind this was almost a year and a half ago), it cost $117, including having the papers notarized (I filed for emergency custody, and regular custody, had to have both notarized) and sheriff’s service. The rest of that cost is filing fees. I filed in mecklenburg county, and I believe the fees may have gone up by now. However, the cost is still relatively small, especially considering that emergency custody is usually asked for (and granted) for cases where the children are in some sort of danger, and therefore 1000% worth the cost. If you have any family that can give you the money for it, I would definitely ask.

If you have absolutely no money, then I would recommend calling legal aid. A lot of times, they can work with you on a sliding scale, and I believe it includes filing one item for you. Call your local legal aid and ask them how they can assist you. However, I don’t know how quickly they can get an emergency custody action filed for you…[/quote]

In my case my daughters dad is a registered sex offender so I am not sure what they would offer me but I would hope full custody


#5

You cannot file for emergency custody unless the other party has tried to abscond with the child, or otherwise poses and immediate threat of harm to the child.