My wife, our 7yr old daughter and myself all moved here for my job from SC. We lived here since fall if last year. Staying at Hawthorne suites looking for a place to rent but cause of covid and all we hadn’t found a place. Well we had an argument last week and then on last friday my wife fled with our daughter. She has a history of doing this as this makes the forth time with me. I have no custody papers as we are married. I do not know where she is keeping our daughter and if she is safe and ok. My wife does not work or have any family or friends here. So I’m very concerned as to who is helping her and took her and our daughter in without knowing them that long. Can I get an emergency custody order?
Is there anything I can legally do to get our daughter back home to me? Or at least find out where our daughter even is at least?
Yes. You are eligible for an ex parte emergency custody order if (1) there is a substantial risk to the child of bodily injury or sexual abuse, or (2) there is a substantial risk that the child may be removed or abducted from the State or North Carolina, or already has been removed from the State of North Carolina for the purpose of evading the jurisdiction of the North Carolina courts.
North Carolina courts will have jurisdiction over custody matters if the minor child has resided in the State of North Carolina for the last 6 months.
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.
Ok, good to know this. How much will it cost to have this done and how long does the process generally take?
An ex parte emergency custody motion usually is decided on by a judge the same day or the day after you file it. If granted, the emergency order is valid for 10 days and there is a court date before the expiration of the 10 days in which the other party has an opportunity to appear and be heard.
Attorney’s fees for an ex parte emergency custody motion will vary from county to county and lawyer to lawyer.
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.