Emergency custody and what to do

Asked over 5 years ago - Mooresville, NC

ok i have file custody papers against my wife and given the civil summons to the serriff but they cant find her what is my next step i know filing an alias but how do i get a court date she has run off out of state and no one knows where she is and she has my kids i cant even file an exparte cause i dont know how to go about it or where i find the papers i need to do it in need of major help but legal aid dosent do custody so i am up a creek with out a paddel with no money to hire an attorny

Attorney answers (2)

  1. Jeffrey William Gillette

    Contributor Level 13

    Answered . If one parent abducts the children and flees, the other parent may be able to get an emergency (ex parte) custody order. Threat of abduction is one of the reasons a North Carolina court may take children away from one parent and give them to the other. Threat of imminent physical harm or abuse is the other reason.

    Most counties in North Carolina have offices that will help you fill out the paperwork for emergency custody. You might try the Iredell County clerk of court - 704-878-4204. Please give Legal Aid a call at 866-219-5262 (toll free) or http://www.legalaidnc.org. I think your situation is one where they may be willing to help.

    After you get a court order, the authorities still have to locate your children. I'm not sure what options you have to do this, but one of the organizations mentioned above may be able to point you in the right direction. Good luck.

  2. Darren Orville Day

    Contributor Level 8

    Answered . Under these facts you will probably be able to get an Emergency Custody Order. Your local LegalAid office can at least point you in the right direction. With that Emergency Custody Order you can gain temporary custody of your children until you are able to have a full hearing. Such Orders are supposed to be respected even across state lines, but I have had mixed results getting cooperation in other states.

    The main problem is that even if you do have an Emergency Custody Order, you must first find out where the kids went to be able to enforce the order. I would talk to the local sheriff office to see what can be done to locate your kids. If you do find them, proceed carefully and consult an attorney where they are now at to see what could be done to enforce your Emergency Custody Order.

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