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Temporary child custody in emergency situations

Unfortunately, not all North Carolina divorces take place amicably. When children are involved, it can complicate matters even more. It is a sad fact that some divorcing parents may try to prevent the other parent from having any further contact with the children. Even sadder, some parents may not handle the divorce well emotionally, causing the other parent to fear for the safety of the children.

The situations described above are two occasions when a parent or a guardian may be able to seek an emergency order for temporary custody. The temporary order will be in place until the two parents can attend a custody hearing in court. When North Carolina is the children's home state, a court may grant emergency temporary custody if:

-- It is found that the children may be in substantial danger of physical injury-- It is found that the children may be exposed to possible sexual abuse-- It is found that the children are in danger of abduction or removal from the state

It is also possible to file for emergency child custody in other situations. When North Carolina is not the home state but the children currently reside there, the following situations may warrant an emergency custody order.

-- The children have been abandoned-- The children have been threatened with or suffered from abuse-- A domestic violence protective order has been issued

Child custody disputes often carry the potential for parental behaviors that the court may feel put the children at risk. If you are concerned about the children in your life, it is important to speak with a legal professional before taking rash action on your own. With guidance, you can find legal solutions to provide protection to the children you love.

Source:, "Custody - Can I get an emergency order for temporary custody?," accessed Aug. 25, 2015

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