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My parents have custody of my son. He wrote the Judge a letter accusing my mother of physical and mental abuse.

Charlotte, NC |

I filed emergency custody and attached the letter. The Judge denied the emergency custody without even scheduling a hearing. What can I do now? I am afraid for my son. He has been hospitalized and placed in foster care due to my mother's abuse. She is 75 years old, has breast cancer and a terminal lung disease. The Children's Law Center is suppose to be acting as my son's guardian ad litem, which I thought meant "in his best interest". They have seen the letter he wrote, spoken with him and still are not doing anything. I do not understand why a Judge would leave a child who has threatened suicide and homicide towards his grandparents with the very same people. They were told not to take him out of foster care by the Judge but they did anyway. I can't get in front of the Judge until 7/2013

Attorney Answers 2

  1. Best answer

    You may want to have your case reviewed and evaluated by an attorney that practices in the jurisdiction where your case is pending. There may be something defective with your pleading. A lawyer who practices in that jurisdiction may be able to give some insight as to what "moves" your particular judge under those circumstances. The law governing "Emergency Custody" is very narrow and the issues can be very complex; without more information--that is to say without reading the case file, it's difficult to form an adequate response. Good Luck!

    Legal disclaimer: Gregory Hunt it a licensed attorney in the state of North Carolina and can be reached at 704-422-4185, Ext. 2001. Any response made by Mr. Hunt upon this message board should not be construed as legal advice nor does it create an attorney/client relationship. Rather, Mr. Hunt's posts are intended as general information about the topic in question and not intended for any specific purpose or use. One should contact a qualified lawyer in their locale for specific follow-up and/or advice.

  2. From what information you have provided, it appears there are many issues outside of a standard custody action. You may want to supplement your question by explaining the underlying custody matter. In the alternative, you may want to consult with an attorney.

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