Emergency Child Custody and Child Support: Preventing Imminent Harm to your Child
An emergency is inherently unexpected; you can’t necessarily plan to prevent them from occurring. No matter what, your children are your highest priority, and you need a fierce advocate protecting them. The attorneys in Monroe NC at The Khan Law Offices have worked in family law and juvenile services for many years.
A judge will only issue an emergency order in truly dangerous circumstances wherein the child faces the risk of imminent harm. If you have any doubt as to whether or not you should seek an emergency order, it is highly advisable to call a Charlotte divorce attorney at The Khan Law Offices immediately. Time is of the essence!
It is impossible to make an exhaustive list of situations that may warrant filing for an emergency order. Some of the more common grounds for emergency custody include: if a child is exposed to a substantial risk of bodily injury; if a child is exposed to a substantial risk of sexual abuse; or there is a substantial risk that the child may be abducted or removed from the State of North Carolina for the purposes of evading the jurisdiction of the Court.
How long does an emergency order last?
If necessary, your attorneys in Monroe NC at The Khan Law Offices will seek the emergency custody order through an ex parte hearing. This means that only you will be in front of the judge seeking custody and/or support.
Regardless of the dangerous situation, the party that is not present at the hearing has a right to contest the emergency order. This is a matter of constitutional due process. Hence, a temporary order is only valid for 10 days.
After the 10-day period has expired, the court must review the ex parte order. Ideally the other party will be present, and the judge can make a final custody ruling by extending, modifying or terminating the order.
Do emergency orders apply to visitation?
Generally speaking, the answer is yes. The non-custodial parent may have his or her visitation rights altered if the judge determines that the child would be placed in immediate danger while visiting a parent.
Contact Our Attorneys in Monroe NC
Allison Khan is a Charlotte divorce attorney at The Khan Law Offices with a thorough knowledge of the local court systems and judges. She is prepared to provide a consultation and initiate swift legal action if it is necessary to protect your children. Call today at 704-282-2155!