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A non family member was watching my child when I went to get my child I get told that she has temporary emergency custody

Asked over 2 years ago - Winston-salem, NC

On the 6 of october I ask a friend to watch my son while I gat some things in order when I went to get my child she has had a judge sign a temporary emergency custody order. I need to know what I need to do to get my son back.

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Attorney answers (2)

Diana Michelle Tennis

Reputation Level 14

Answered over 2 years ago. Family Law Attorney in Orlando, FL.

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Typically there is no such thing as getting an order of custody without your knowledge. If you have seen the document or order, go to the clerks office where that case is located and try and find out information there including copies of any thing filed. Getting a lawyer may be done there, if it is a court that has appointed counsel for parents in your situation, or you can locate legal aid and show them the document. If there is no document, call the police and see if they will help you get your child back.

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Mark S Williams

Reputation Level 14

Answered about 2 years ago. Child Custody Lawyer in Wilmington, NC.

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In North Carolina, a judge can issue an ex-parte emergency child custody order without a hearing. Normally a hearing occurs within 10 days. You have to be served with the Complaint and Custody Order. You can go to the Clerk's office and get a copy but in NC, you will not be appointed counsel unless this is a DSS case for abuse/neglect.

Get copies and get an attorney ASAP! And make sure you are only using an attorney licensed in North Carolina!

Disclaimer: Information posted for educational / informational purposes only. No attorney client relationship created through the use of this web site. Information pertains to the State of North Carolina only. See our website, www.RiceFamilyLaw.com for more information.

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