Emergency Child Custody Attorney Based in Greensboro
Kirkman Attorneys at Law
The emergency child custody lawyers at Kirkman Attorneys at Law in Greensboro, NC are ready to move into immediate action.
What is Emergency Child Custody?
How To Get Emergency Custody in North Carolina
When an emergency situation arises, North Carolina law provides for immediate access to the courts to address issues of emergency custody. North Carolina law has specific requirements as to what constitutes an emergency to warrant immediate access to the courts. Emergency custody of a child may be sought in three types of situations:
1. When a child is exposed to a substantial risk of bodily injury;
2. When a child is exposed to a substantial risk of sexual abuse;
3. When there is a substantial risk that the child may be removed from North Carolina for the purpose of evading the jurisdiction of the North Carolina courts.
If one of these situations applies to you or your children, contact our office right away by calling (336) 274-7898 to discuss how to obtain emergency child custody and the procedures involved.
What is the Process for Obtaining Emergency Child Custody?
How To file For Emergency Custody in North Carolina
If you have reached the conclusion that emergency custody proceedings are necessary, the first step you should take is to consult with a well-qualified child custody lawyer to ensure that there is indeed an emergency situation that necessitates seeking emergency relief. To bring the need for emergency relief to the Court’s attention, typically a party would file a motion (which could also be contained in a Complaint for Child Custody) seeking emergency custody with the Court that outlines the details and facts of the emergency situation and the justification for taking emergency action. In most circumstances, the same day the motion is filed a judge will review the motion and determine whether to grant the motion, deny the motion, or to reserve ruling on the motion until a full hearing can be had with both parents. If the motion is granted, the Court will enter an ex parte Emergency Custody Order.Since most initial ex parte Emergency Custody Orders are entered without the Court having an opportunity to hear from both parents, a return hearing must be had within 10 days to afford all parties an opportunity to be heard by the Court. An ex parte Emergency Custody Order will expire on the date of the scheduled return hearing. At the return hearing, the Court will determine whether the terms and conditions of the ex parte Emergency Custody Orders should remain in effect until a permanent or other temporary custody hearing has taken place. Each local court has local rules governing how emergency custody motions are presented to the Court. It is important to be aware of any local rules which lay out requirements and procedures involved in emergency custody matters. A request for an ex parte Emergency Custody Order is not something the Court takes lightly. As such, requests for emergency custody which are not well-grounded in fact or law may result in the Court imposing sanctions upon the requesting party, which might include a requirement to pay the other parties’ attorney’s fees.
Emergency Custody Hearings
What Happens at Emergency Custody Hearings?
If the Court has entered an ex parte Emergency Custody Order, there will be a hearing in 10 days or less. At the hearing, the Court will determine whether the ex parte Emergency Custody Order will remain in place, be dissolved, or be modified after having had the opportunity to hear from both parents and any necessary witnesses. At the hearing, the parents (as well as any other person who has custody of the child) has the right to present testimony and evidence as to the emergency situation set out in the motion. To be successful in an emergency custody hearing, the skill required to present your case to the court cannot be understated or underestimated. Strong supporting evidence and testimony are critically important. The child custody lawyers at Kirkman Attorneys at Law in Greensboro, NC are experienced and skilled in emergency custody matters and stand ready to provide you with strong, effective advocacy.
Do I Need A Lawyer to Get Emergency Custody?
Skilled Professional Legal Counsel
A skilled child custody lawyers can prepare the necessary forms to bring to court, and submit the relevant information that will help you to get emergency custody of your children. It is important that the paperwork and forms be perfectly completed, otherwise you risk the Court dismissing the case or denying you emergency relief. Additionally, if you don’t comply with the local rules of court, you could also be subject to sanctions. Our professional and experienced child custody lawyers at Kirkman Attorneys at Law in Greensboro will help you with every detail of your child custody case, from the filing of the motion seeking emergency custody through fighting for sole full custody of your children if they are at risk of injury or harm. Call now for more information, or fill out our online form. We can take immediate action for you if your children are in danger.
I Was Served With An Emergency Custody Order, How Do I Respond? What Should I Do?
Immediately seek experienced Legal Counsel
If you receive an Emergency Order for custody, you should speak with an attorney immediately. If you have received an Emergency Custody Order, a judge has already reviewed the allegations against you and determined the allegations were enough to enter an Emergency Custody Order. Since a hearing is scheduled in 10 days or less, it is critically important that you start building your defense. It is important to give your attorney as much time as possible in advance of the hearing to get prepared. Do not wait, schedule an appointment with an attorney today!