Temporary Custody Question

North Carolina Divorce Law Divorce and Separation Answers
1

In order to get a temporary custody order you would need to file an action for child custody and schedule a hearing. The court will make a determination of custody based on the best interests of the child. They will take into account all factors, including the physical and mental well being of the child. After a temporary custody the court will hold a permanent custody hearing and set in place the schedule that will remain in effect unless there is a substantial change in circumstances.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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.

2

An agreement was made between my husband and his ex in regards to visitation and custody for their son. Since the time the child was taken out of the house, the child remains constantly sick and in poor health, meaning drop in weight percentile and height in regards to the percentile curve. The mother says he will eat some days and others he will not eat hardly anything. (When he eats with us, he eats as if he is starving and can not get enough food) Each time it is time for the child to come and visit with us he is sick. We get him well when he is with us because he is kept in a home with a caregiver, his grandmother, and no other children. When we return him, in matter of days he is sick again with the same stuff he came to us with because of the day care he attends, a room with 15 other children. My husband and I feel that the current situation with him living with him mom and going to day care is causing harm in his health due to him being sick and not gaining weight like a normal two year old would do. Can a temporary custody order be gotten for the child to live with us due to these circumstances? If so, how do you go about getting one? If not, what can be done so that the child can be healthy and grow up like a normal two year? If a temporary custody order is granted, what would happen next? Thanks.