In the complex and often emotionally charged world of family law, the option to potentially
obtain an emergency child custody order represents an absolutely critical mechanism designed
to protect children from immediate physical harm or danger. However, the circumstances
under which a parent can file for such orders are strictly regulated, reflecting the legal system's
emphasis on the welfare and safety of children.
Under North Carolina General Statute § 50-13.5(d)(3), one cannot obtain an emergency child
custody order unless the court finds one or more of the following circumstances:
An emergency child custody order is entered ex parte, meaning it is done in the interests of
only one party to the case without requiring all parties to the dispute to be present or heard.
The reason for this is to prevent unnecessary delay in an urgent matter. With that being said
though, emergency child custody orders are very temporary in nature. After the order is
entered, it is followed by a short-term hearing where all parties can present their case.
Remember that each case is different. Let’s look at a couple of unique examples of where
courts have granted emergency child custody orders.
The North Carolina Court of Appeals held
that an entered ex parte order was appropriate where a father alleged that the mother was
dating several men, would park her car late at night with them and drink beer with them, all
while leaving the child with various relatives. Brandon v. Brandon, 179 S.E.2d 177 (N.C. Ct. App.
1971). A trial court granted a father emergency child custody where his motion alleged facts
such as the current mental state of the mother (which included severe depression and
psychotic symptoms), the mother was threatening and screaming at the child, and that there
was an overall strained relationship between the mother and the child. Turner v. Oakley, 872
S.E.2d 547 (N.C. Ct. App. 2022).
Navigating this process requires careful preparation and a clear understanding of the law. An
experienced family law attorney can help you navigate all the ins and outs of Emergency Child
Custody and develop a solution that is best for you. At Marcellino & Tyson, PLLC, we know each
situation is different, and we frame your case to achieve the best results for your situation.
Contact us at (704) 919-1519 for a consultation to discuss your options.