Ex-Parte Expires


#21

Thank you in advance. We filed Emergency Custody on 1.15. I still have not rcvd a court date for this hearing. How long does it usually take to get a date for Emergency Custody? My stbx is intentionally keeping our child from me. It’s evident. I am praying the legal system will see the light in this situation since my child is being used as a pawn. I am discovering this is a common tragedy. Thank you for your time.


#22

You should have a court date assigned immediately upon the judge reviewing your ex parte custody motion and either granting or denying it. Court dates are supposed to occur within 10 days of the judge hearing the ex parte motion.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#23

Thank you. Oddly, I was advised the other party filed a motion against our claim. Im not understanding why there is no court date for this review when its an emergency custody claim. Can you advise how these proceedings follow now with the above?
In addition, prior custody claims were filed and served although there is no court date set for this either. How does this tend to proceed?
There is still no custody order and my stbx is denying mine and our childs rights to see each other.
Thank you again.
Can i represent myself?


#24

It sounds like it is just a matter of finding an available court date and filing a notice of hearing (plus any other local forms required) to schedule the court date. The motions and claims have been filed by both parties so it sounds like it is ready to be heard before a judge.

Yes, you can always represent yourself.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#25

Thank you. I am not understanding why we are still waiting for a court date.
In addition, Since we both have our full rights back and no orders in place, is it unorthodox for the peditrician to give medical attention to our child without my consent? Can this be considered a lawsuit to the pediatrician without both parties consent?


#26

One parent can authorize medical treatment but the discussion and decision to authorize should be mutually agreed unless a court order states otherwise.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.