Custody issues often become contested around the holidays. Parents can argue about who has child custody and visitation arrangements, especially in contentious situations where parents aren’t cooperating. In the heat of the moment, some parents can panic and react poorly, creating a crisis.
Every family situation is unique, but we can offer some insight into the most common challenges that families are experiencing around the holidays. Of course, we have to give you the disclaimer that we are not offering legal advice about your particular situation, but rather giving you our perspective based on our experience practicing family law over the past twenty years.
If you wish to discuss your specific situation, call Breeden Law Office at (919) 661-4970 or send a message online.
Breeden Law’s Tips for Child Custody & Visitation in A Crisis
- If you have a custody order, generally speaking, both sides need to follow it. (If something about the situation makes you think that you might have an emergency, which usually means that the children are likely to be put in danger, consult a lawyer immediately for help in understanding your legal options. While the court system is not hearing many new cases, emergency custody orders are being heard as normal.)
- Take a long-term view of the entire situation. Your top priority is your children’s wellbeing, and your children will do best when they feel safe, loved, and normal. Do not involve them in conflict or speak badly of the other side in front of them. That’s good practice all of the time – not just in a pandemic.
- Think, breathe, and count to ten before responding to any communication from the other side that makes you anxious or upset, and use whatever method (text, email, parenting app) seems to minimize conflict if needed. Communication that creates a “paper trail” is often the best choice in high conflict situations.
- Offer grace to the other side as much as possible. Stress levels are high as financial strain, unemployment, the demands of work and school, and other issues combine to make tempers short and perspectives skewed. Do your best not to allow children to be caught up in adult problems.
- If your work puts you at increased risk for exposure to the virus, work together with the other side to determine how you can best maintain your relationship with the children. Consider FaceTime, Zoom meetings, phone calls, and letters as possible means of staying in touch between visits.
- Put your own oxygen mask on first. Take a walk outside, use the free stress relief app Calm on your smartphone, play with your dog, try “Yoga with Adriene” (free on YouTube), and/or make a teletherapy appointment with a mental health counselor to reduce your own stress level. All of these are proven strategies for taking care of yourself during this anxiety-producing time, and taking care of yourself will make you better able to parent effectively.
How to File a Temporary Emergency Custody Order in Raleigh, NC
When a child’s safety is at immediate risk, North Carolina law allows a parent or other qualified party to ask the court for a temporary emergency custody order. In Wake County, which includes Raleigh, these requests are handled through District Court.
Determine Whether Your Situation Qualifies as an Emergency
Emergency custody orders are reserved for serious situations, such as abuse, neglect, abandonment, substance abuse, domestic violence, or other circumstances where a child faces a substantial risk of harm. Courts do not grant emergency orders simply because parents disagree or communication has broken down.
Prepare the Required Court Documents
You must file a verified pleading, typically a complaint or motion, explaining the emergency and why immediate court intervention is necessary. The document must be signed under oath and include specific facts, dates, and examples showing the risk to the child. Supporting materials such as police reports, medical records, or sworn witness statements can strengthen an emergency request.
File With the Wake County Clerk of Court
Emergency custody filings are submitted to the Wake County Clerk of Superior Court, Civil Division, at the courthouse serving your jurisdiction. Filing is often done in person, and in true emergencies, court staff can direct you to the appropriate judge for review.
Judicial Review and Immediate Action
A judge may review an emergency custody filing the same day it is submitted. If the court finds that an emergency exists, it may issue a temporary custody order without first hearing from the other parent. These orders are short term and typically include a follow-up hearing date so both parties can be heard.
Service and Follow-Up Hearing
After an emergency order is entered, the other parent must be formally served with the paperwork. Emergency custody orders do not decide permanent custody. The court will reassess the situation at a subsequent hearing after considering evidence from both sides.
Because emergency custody cases move quickly and involve significant legal and factual issues, many parents choose to work with an attorney to ensure filings are accurate, complete, and focused on the child’s immediate safety.
FAQs About Emergency Custody in the Raleigh Area
How long does a temporary emergency custody order last?
Emergency custody orders are designed to be short term. They generally remain in effect only until the court holds a follow-up hearing, which may occur within days or weeks depending on the circumstances and court availability.
Will a judge automatically grant an emergency custody request?
No. Judges carefully review emergency filings and require clear evidence that a child would face serious harm if the court waited for a regular custody hearing.
Can emergency custody be requested outside normal court hours?
In limited situations, emergency matters may be reviewed outside standard court hours, particularly when law enforcement or child protective services are involved. Most emergency custody filings, however, are addressed during normal court operations.
Does filing for emergency custody affect future custody decisions?
It can. Although emergency orders are temporary, the allegations and evidence presented may influence later custody proceedings. Accuracy and credibility are critical.
What happens if the court denies an emergency custody request?
A denial does not prevent a parent from seeking custody or a modification through the regular court process. It simply means the judge did not find an immediate risk requiring emergency intervention at that time.
Do I have to file in Raleigh if the other parent lives somewhere else?
Jurisdiction usually depends on where the child has lived recently, not where the parents reside. Wake County courts typically handle cases involving children who live in Raleigh or elsewhere in the county, though jurisdiction questions can be complex.
Is an attorney required to file for emergency custody?
An attorney is not required, but emergency custody cases involve strict procedures and tight timelines. Legal guidance can help avoid delays and protect your position at follow-up hearings.
Contact Attorney Breeden for Questions
While many North Carolina Courts are only open for emergency orders around the holidays, there is a lot Breeden Law Office can do to help your situation until the courts open back up in the new year. Conferences and negotiations can take place over the phone, by video, and many court filings can be done by mail or in person at the courthouses.
Let us answer your legal questions and walk your family through what’s next. Call (919) 661-4970 or contact us online. We are also accepting new clients, performing multiple consultations daily, and are available during normal hours.
