How do I get an emergency order of custody?
In North Carolina, an emergency order of custody can be obtained from a court. The court will need to be presented with sufficient evidence to demonstrate that there is a “substantial risk of immediate and irreparable harm” to the child in question. Such evidence could include a police report, medical records, or witness statements. If the court is presented with enough evidence, it will issue an emergency order of custody. This order will specify which parent will have primary physical custody of the child, and may also provide for temporary visitation rights for the other parent. The court may also order that the custodial parent or another adult provide supervision for any visits with the other parent. The order will also provide for short and long-term support, and specify where the child will live, among other matters. Once an emergency order of custody is in place, the parents will be required to attend a court hearing where the judge will consider all the evidence and make a final determination about custody. This hearing may take place within a few weeks of the initial emergency order, or it may take longer if the court needs additional information before a decision can be reached. If either parent disagrees with the emergency order or the final determination of custody, they can ask the court to reconsider its decision or file an appeal in the state appellate court. In any case, getting emergency custody is a complex process and can be very stressful. It is best to have the help of an experienced family law attorney.
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