Emergency Temporary Custody


#1

My ex and I have an order in place in NC outlining when my daughter is to be with me. I live out of state. The order states that if he is unable to care for her, she stays with me until he is able to care for her. I’ve found out she hasn’t been living with my ex for a year. She’s been living with his parents without him because they threatened to take her from him permanently. This has all been kept from me for the past year since he hasn’t allowed my daughter to visit me in the past year. She is visiting with me now because her grandfather brought her to me pending my ex’s most recent court date (which has now been continued). My ex is telling me I have to return her, but my order doesn’t indicate that I have to return her to live with his parents. I feel as though I am following the order since he can’t care for her and it doesn’t say his parents are to care for her.

I’m in the process of filing a motion to modify custody but need to also file for emergency temporary custody. Where can I get these forms? I can’t afford to pay an attorney. Do I have to drive to NC to file them, or can I have someone in NC take them to the courthouse for me? Please advise. My daughter is scared to death to go back to NC.


#2

Temporary emergency custody orders may be entered in order to provide continuing stability in a deteriorating situation, to preserve the status quo, to prevent a child’s removal from the jurisdiction, to return the child to an appropriate custodian, and/or to protect the child from harm, neglect or abuse. Emergency temporary orders may be entered ex parte upon a verified pleading or affidavit. “Ex parte” means that only one side tells the court its version of events. The court must review a temporary emergency custody order within ten days, at which time the other side has the opportunity to present his or her own evidence. After the court has heard the evidence from each side, the order will be continued (kept in force), modified, or terminated (dissolved).

You can get access to a library of legal forms and communicate with an attorney through our Rosen Online Service. This service only costs $199/month, and would be a great resource for you to handle your custody issues without spending thousands of dollars retaining an attorney.