Emergency child custody in North Carolina is the process in which one party asks the court to grant them temporary primary custody of a child based upon certain circumstances. In North Carolina, emergency child custody is only available if a child is at risk of substantial bodily injury, sexual abuse, or being removed from the State of North Carolina for purposes of evading the state’s jurisdiction (i.e., control).

If the child is at risk of one of the above, an emergency child custody request can be made to the court for review. This request involves filing a motion for emergency custody with the appropriate county, and presenting such motion to a judge. The judge will review the motion and the allegations and sometimes request to hear from the party themselves. If the judge believes the child is at risk, they will grant the motion for emergency child custody. If the request is granted, the case will be placed back in front of a judge for further review usually within 10 days. The purpose of this court date is for the judge to hear more evidence if necessary and to provide the other party the opportunity to be heard.  If the judge does not believe the child is at risk, they will deny the motion for emergency child custody. If the request is denied, the case may still be placed back in front of the judge for further review at a later date. If a child has already been removed from North Carolina, a warrant can be issued by a judge directing law enforcement to retrieve the child and bring them back to North Carolina.

Requests for emergency child custody in North Carolina can be very complex and require certain rules to be followed. If those rules are not followed, the request may be denied and you will be forced to refile at a later date. If you believe you need to file emergency child custody in North Carolina, it is important to speak with a North Carolina child custody lawyer to advise you on the proper procedure and to make sure your case is suitable for an emergency request.