Can an emergency custody motion be put into place and a child taken from his home without the opposing party being heard?

Asked about 1 year ago - Charlotte, NC

Currently have temporary, primary, physical custody of my 46 month old nephew., with no one having visitation rights. The case was heard in Cumberland county where the parents resided when their battles began, but since many changes and I requested it be moved to Mecklenburg, which it has. The father has now come stateside and may attempt to falsely obtain the ex par te before a case being set here. I have not retained an attorney here as of yet. Just learned of his return. He has been away, voluntarily from his son with absolutely no contact for two years with an exception of a few weeks May 2012. The father thinks because he is the father and was in the service that he should automatically get his son and as he said, "have it in the bag" even though he has been an unwilling father.

Attorney answers (1)

  1. Lloyd T. Kelso

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . He would need to allege and prove that the child is at substantial risk of physical abuse, sexual abuse, or that he has threatened to remove the child from the jurisdiction of the court to obtain an ex parte order. Hire an attorney now and have him/her file a notice of appearance so the attorney will be served and know about the attempt to obtain an ex parte order.

    The author of this opinion is licensed only in the states of NC, SC and TN.

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