Emergency Vs. Temporary Custody


#1

Emergency Vs. Temporary Custody whats the diff?

I have grounds to get emergency custody from making our child at risk with
track record of prescription drug abuse resulting in a state if impairment unfit to
care for our child. I have a safety assessment from DSS to back it up.

Should just go for sole temporary custody from the start or would one always want
to seek Emergency Custody first then motion for Temporary Custody?

I know I can file for Emergency pro se but can I file Temporary Custody pro se in NC?


#2

Temporary Custody is used to create a schedule during the period of time between separation and when a full trial on custody can be had. Temporary hearings usually take place about 3 months after filing.

If there is an issue creating a dangerous situation for the child a Motion for Emergency Custody is appropriate as it can usually be heard the day it is filed.