CPS visited me today upon receiving a report not filed by me regarding my daughter’s dad. The social worker recommended that I file an emergency custody order to ensure the safety of my child because when he asked me if I had any concern about her going there I told him I do, but I have a court order that I feel I can’t go against and he said I can file an emergency custody order of my own now that CPS is involved. How would I do that? What would I need to state in the request for Emergency Custody? I can’t afford an attorney right now and I don’t know how to do this myself. Are there attorney’s that you can refer me to that will take pro bono cases like this and help me?
Since you already have a court order and a court file, you would need to file a motion for ex parte custody and submit a proposed order for ex parte custody that the judge could sign.
Ex parte custody (emergency custody) can be granted if there is a substantial risk of bodily injury or sexual abuse on the child or there is a substantial risk that the child will be removed from the State of NC for the purpose of evading jurisdiction.
In the motion, you will need to allege the facts that support a substantial risk of bodily injury to the child, a substantial risk of sexual abuse, or a substantial risk that the child will be removed from the State of NC. Once filed and submitted to the judge, the judge will usually make a decision the same day.
Check your county’s local rules as some counties have mandatory advance notice requirements to the other party that you intend on filing for ex parte/emergency custody.
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 could be a great resource for you to handle your ex parte custody case without spending thousands of dollars retaining an attorney.
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.
I was able to get a protective order on behalf of my daughter. I had to become her GAL for the Protective Order. She told the CPS interviewer many things, but most concerning was that her dad will drive with her in the car after consuming alcohol, but she told the interviewer that he waits long enough before driving after drinking, she also told the interviewer that she can smell alcohol coming from his mouth when he gets close to her…a court date has been set for July 1st…what evidence do I need to present besides testimony to what my daughter told CPS and the fact that there is a CPS case alleging that he drinks and drives, among other things, and that there’s another Emergency Custody order currently in effect alleging that he drinks and drives with his other child in the car as well? The mother of his other child is going to try to come to the court hearing for the protective order, would it be beneficial for her to testify to her witnessing him drinking and driving with minors in the vehicle, would that substantiate the risk factor and does the open CPS case substantiate the risk along with what my daughter told CPS about him drinking and driving, but waiting long enough? How can a 7 year old know for a fact that he’s waited long enough? I have no way of knowing how much he drinks. Are there questions I should ask my daughter before the court date since I will be her voice in court that day as I am her designated GAL in this situation? What do I need to present to the Judge to convince her to keep this protective order in effect? I have asked that the court keep it in effect until the close of the CPS case. The Judge granted it, is that typically a good sign that the Judge feels that it was necessary or is she most likely going to throw it out if he comes and says I drink one or two beers and I wait several hours…but how can that be trusted? Will his current STBX’s testimony help me or hurt me in your opinion? I just want to keep my daughter out of harms way.
Testimony from the other mother as well as the CPS social worker will likely be beneficial to your case. The CPS social worker may be able to testify to safety recommendations in this matter, if any exist. You will also want to testify as the GAL. You may want to present the other mother’s court order as evidence if that court order has findings of fact related to the father drinking and driving with minor children. You should present as much information as you can in the time allowed.
You should also plan to cross examine the father about his drinking habits and how the child knows that he’s waiting long enough after drinking before driving.
Generally if CPS is involved, with an ongoing investigation, and/or CPS has made safety recommendations, a judge is going to be very cautious and will likely follow what CPS is recommending.
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.