How do I know if an emergency custody hearing has been held?

My wife claims to have filed for emergency custody. How will I know if she’s bluffing or not?

If your wife filed for ex parte custody (emergency custody) you would be served with the complaint and ex parte order by sheriff’s deputy or certified mail. Whenever there is an ex parte custody action filed, a court date is scheduled within 10 days. If you are not properly served before the court date, then nothing happens at that hearing and the court date is rescheduled until you are served.


Anna Ayscue

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

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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.