Legal Question in Family Law in North Carolina

Order for emergency custody

I was served and order for emergency custody, what are my rights?


Asked on 2/03/09, 8:53 pm

1 Answer from Attorneys

Mark Williams Rice Law, PLLC - Web Based & Downtown Office

Re: Order for emergency custody

The return of an Ex-Parte Emergency Custody order is usually scheduled within 10 days although in some counties it may take longer.

You will definitely need to be prepared at the temporary hearing to address the reasons alledged in the Complaint warranting an emergency intervention.

This is something about which I strongly recommend you confer with an attorney and pay for representation if you can afford it.

There is no court appointed representation available in North Carolina for a family law matter unless you are facing jail time for something like contempt of court. That is unlikely here so you will need to hire your own attorney.

Check the local rules for the county where it will be heard. In the 5th District, for example, only the parties can testify at a temporary custody hearing but you can bring letters and affidavits.

Good luck -

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Answered on 2/03/09, 10:21 pm


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