Does domestic violence call for an emergency custody order?

On Behalf of | Jul 12, 2021 | Domestic Violence

In a perfect world, you and your soon-to-be-ex would agree on property division, child custody and other issues surrounding the divorce. However, the reality is that there are plenty of North Carolina dissolution of marriage filings that take place because of domestic violence. In such circumstances, you might need an emergency custody order.

Understanding custody

Custody does not just involve where the child lives. It also determines who makes the life decisions that guide the youngster’s education, religious upbringing and even dating habits. These are the differences between legal and physical custody.

What is a custody order?

If you manage to agree on custody with the other party, you may not need to ask the court for a custody order. However, if there is any kind of disagreement, it is best to incorporate it into your dissolution proceedings. Moreover, schools and other organizations may ask you for a custody order before allowing you to sign a child up.

Domestic violence is a reason for asking for an emergency custody order

In child custody scenarios, this type of immediate and short-term order is often referred to as “ex parte” because it is granted in an emergency situation without hearing from the other side. Domestic violence meets these requirements since such as order may be necessary to protect a child from injury or abuse.

These orders are appropriate to extract a child from circumstances in which a parent may physically harm the child, abuse the other parent or opt to flee the state. With the order in place, police officers can remove the child from a potentially dangerous situation. However, this is only a temporary fix.

After the court grants the emergency custody order, it will schedule a hearing that both parties must attend. If you are currently in this position, it could be helpful to discuss the complexities with a family law attorney.

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