How to reschedule emergency custody hearing


#1

The father to my granddaughter filed for emergency custody for her against my daughter over 3 mos ago I’m trying to intervene for custody. He has a lawyer and I have a lawyer but she does want to get the emergency custody taken care off because she apparently has no right to see or talk with her daughter. And this man has here totally isolated from almost everyone.


#2

She wants to get the emergency custody taken care off so she can see her daughter


#3

You generally cannot reschedule an emergency custody hearing.

If you can meet the criteria for emergency ex parte custody (you can show that there is a substantial risk of bodily injury or sexual abuse to the child or that there is a substantial risk that the child may be abducted or removed from the State of NC for the purpose of evading jurisdiction of NC courts), then you can file a motion for emergency ex parte custody and follow your county’s local rules or policies for submitting the motion and having it go before a judge. Whether the judge grants or denies the motion, there will be a return hearing within 10 days in which the other party will receive notice.


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.