This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Temporary Restraining Order Form For Child Custody In Wake
Category:
State:
Multi-State
County:
Wake
Control #:
US-000299
Format:
Word;
Rich Text
Instant download
Description
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FAQ
Start by contacting your local courthouse or family court to obtain a copy of the temporary guardianship form. They will provide you with the necessary paperwork and explain any specific requirements or instructions.
Start by contacting your local courthouse or family court to obtain a copy of the temporary guardianship form. They will provide you with the necessary paperwork and explain any specific requirements or instructions.
Your plan should have a temporary custody schedule that shows where your child lives and when your child spends time with the nonresidential parent. Your schedule should contain everything in a permanent custody schedule and show your child's daily living schedule, holidays, and vacation time.
The grounds for granting emergency custody include situations in which a child is at a substantial risk of bodily injury, sexual abuse, or removal from North Carolina for the purpose of avoiding the authority of the North Carolina courts. Law enforcement can assist in recovering a child with an emergency custody order.
A parent always has the right/option to grant temporary guardianship of their child/children to another adult who is capable of caring for the child. The only way to properly / legally give custody is by obtaining a court order conferring custody.
To file for temporary emergency custody, you will file it by order to show cause with an affidavit and petition for custody attached. You will file the application in the family court in the county your child resides in.
Emergency Relief If there is an urgent need for court intervention, a District Court can issue an Ex Parte Emergency Protective Order. These are temporary restraining orders issued by the court without notice to the aggressor because there is an immediate threat.
If involving an attorney is not desirable or affordable, one can file their own petition for temporary custody with the clerk of court. There is usually a self-help desk at the Clerk of Court, or you can find the forms online.
The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.