Seeking Legal Help For an Emergency Custody Order

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When it comes to the safety and welfare of a child or children whom you love, whether you are a parent, aunt, uncle, grandparent or other caregiver, we know you will do whatever is necessary to protect them from physical abuse, verbal abuse, domestic violence, and other related behaviors. Substance Use Disorder (SUD) has disrupted millions of families in the US over the last two decades, and the disease affects the whole family, not just the addict.

At Camino Law, we understand that if you are concerned about a child whose caregiver is either in active addiction or unavailable, living in unsafe conditions or on the street, you are likely experiencing stress, uncertainty, and confusion. You are in the right place. We have helped parents and other caregivers secure emergency custody for children in the direst of circumstances, and we are here to help you, too.

When Is Emergency Custody Granted?

Emergency custody orders take away one parent's rights to child custody without warning and notice. As such, these orders are very serious, and can only be granted in North Carolina if a child is in danger of immediate harm. Emergency custody orders are granted in three different situations:

The child is exposed to a substantial risk of bodily injury

The child is exposed to a substantial risk of sexual abuse

There is a substantial risk that the child will be abducted or removed from North Carolina for the purpose of evading North Carolina courts

If your children are exposed to any of the above situations, a North Carolina court may be inclined to issue an emergency custody order. Before you do, contact a Greensboro child custody attorney to discuss the specific facts of your case.

What Happens After Emergency Custody Is Granted?

Emergency custody orders are only issued under critical circumstances and are not permanent. Once the order has been granted, and your children are safe in your custody, the other parent will be provided notice and an opportunity to respond to the allegations.

There will then be a court hearing. In this hearing, the court can decide to keep the temporary custody order in place. Regardless of the outcome, either parent can choose to have the court determine the issue of permanent custody.

What Can I Do If Emergency Custody Is Denied?

If you are unable to show that your children are in danger of immediate harm, as in the situations listed above, then a court will not issue an emergency custody order. Because emergency orders deny custody to a parent without notice, they are only provided in extreme circumstances.

Should your request for an emergency custody order be denied, you still have the ability to seek custody through the typical child custody process.

Seeking Legal Help For an Emergency Custody Order

Seeking custody of your children is a big decision with potentially life-changing consequences. You should have all of the information you need to make the best decision for your children and your family before acting. A Greensboro Child Custody attorney can help you determine the best course of action to protect your children.

USA Today article on Camino Law

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At Camino Law, we focus on Family Law and Criminal Defense, and Family-based Immigration and we are here to listen to you and help you navigate the legal system.

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