Emergency custody


#1

My fiancee is currently separated from his wife.
They do not have any legal documents stating who has custody of the kids but all four of them are living with her in the house they used to share.
Recently it was discovered by my fiancee after four days of not being able to get a hold of his children that his ex has been in the hospital and has been diagnosed with cancer. Church members have been staying with the kids and declared the situation an emergency due to the house being dirty and there being no food. One of the children also has special needs and requires extra attention.
A church member finally contacted his mother which is how he found out about the situation.
His ex will not let him stay in the house with the kids and she will most likely not survive the illness. Without being court ordered he pays her $3000 to cover all the bills and living expenses. She only works part time.

My question is can he seek emergency custody and can he move into the house in order to care for the children? Will she have to find another place to live when she gets out of the hospital?


#2

Seeking emergency custody is different than asking for possession of the house. For the court to enter an ex parte emergency custody order, the court must find that the child is exposed to a substantial risk of bodily injury or sexual abuse or that there is a substantial risk that the child may be abducted or removed from the State of North Carolina for the purpose of evading the jurisdiction of North Carolina courts. Asking for possession of the house would require that he file an equitable distribution claim and ask for distribution of the house. This is not something that can be done on an emergency or ex parte basis.