Temp. custody


#1

Dear sam38:

Greetings. Generally, yes you will need to have an attorney to obtain temporary custody of your minor children. The court does not normally hear child custody cases until after mediation and both sides have exchanged discovery. Temporary custody is available to a party if there is an emergency with the child (or children) or if there is a situation which the court deems it necessaary to step in to resolve. As always, it would depend on more of the circumstances of the situation as to what the court will do.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

Thank you for your respond.

Mediation is scheduled for next week. The parent who does not have the child or has he made any attempt to see the child in 19 months, stated that if he doesn’t get his way at mediation he will file for temporary custody. The other parent’s attorney will just do the same. Is this costly?

And the story goes on–and–on. I don’t feel he is thinking about the “best interest” of his child. However, as a parent he has rights, correct?

It is SO good to have someone who is a legal expert to answer these posts. Thanks!


#3

Dear sam38:

Greetings. Yes, temporary child custody is costly. If it is prepared correctly, all the necessary documents must be filed and the trial must be prepared for. That means drafting testimony, interviewing witnesses, sending out subpoenas.

Yes, as a parent he has rights to visit with and spend time with the children unless he has been abusive. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#4

What does a parent have to do to get temporary custody of their child? Is this costly? Do you have to have an attorney? Are there court papers you can file on your on? What are the chances if the other parent has had the child for almost two years?

Thanks!