Emergency Custody

Could you explain the differences between filing for emergency custody and just filing for custody and under what circumstances should I file for emergency custody?

Thank You


You may file an action for emergency custody if the children are at an immediate risk of harm while with the other parent, or you have legal grounds for emergency custody if your ex flees the jurisdiction of NC with the child. Otherwise, if those two situations are not at hand, you will need to file for permanent custody.

What would I need in the way of evidence, my child is very fearful of being with the ex.

The answer to this will really depend on the facts of your case. I can’t say what evidence you have. In many emergency custody cases, the only evidence is testimony from both parties about the situation.