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Litigating a child custody action in the state of North Carolina is not a quick process, and will typically take between 4 and 12 months from start to finish depending on the circumstances of the parties and the county in which the dispute is handled.  When an emergency situation arises, 4 to 12 months is obviously way too long to wait.  As such, North Carolina statutes provide for immediate access to the courts in extreme situations, such as when a child is at risk of substantial bodily injury, sexual abuse, or removal from the state of North Carolina.  If facing one of these situations, it is important to contact a child custody lawyer in your local area immediately to discuss your potential options and the procedures involved.

In short, an emergency action is typically brought by filing a motion which outlines the details of the emergency situation and the justification for emergency action.  A judge will immediately, or shortly after filing, review the motion and decide whether to grant an immediate order with a hearing (to be held within 10 days of the order being granted), deny the motion altogether, or deny the motion but grant a hearing on the matter.  Each county may have differing local rules dictating procedural specifics relating to emergency actions, so it is important to be familiar with your local jurisdiction.  For more, view our full blog on emergency child custody matters in North Carolina.

If located in Mecklenburg or Cabarrus counties, our child custody lawyers can help.  Give us a call at 704-412-1442 to speak to an attorney about your situation.

Written by:

Bill Hunter
Hunter & Hein, Attorneys at Law, PLLC