This guide provides an overview on how to get temporary custody of a minor. Topics covered include powers of attorney for care and custody, standby and other temporary guardianships, and temporary custody in divorce.
North Carolina USLegal Guide to Temporary Custody
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US-GDE-05
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General Fees Contested Child Custody and SupportStarting at $3,500Post-Separation Support & AlimonyCase by case basisPre & Post Nuptial AgreementsStarting at $1500Termination of Parental RightsStarting at $2,50023 more rows
Temporary orders, or interlocutory orders, cannot usually be appealed[3] except in very limited circumstances. An interlocutory order is one that does not address all the claims of the case[4]. Appeals of interlocutory orders can prolong the proceedings and create unnecessary delays in final rulings.
In North Carolina, the time it takes for a temporary custody order to become permanent through the court process varies from six months to a year, depending on the county and case complexity. Court caseload and the level of cooperation between parties also influence the timeline.
The following factors are considered when a parent makes a motion to change the custody or visitation order: Stability for the child. Child's wishes. Age of child. Domestic violence. The emotional or physical health of a child or parent. Whether a parent has attempted to alienate the child from the other parent.
In order to file a Temporary Emergency Custody Motion, you must file a Pleading/Complaint seeking Child Custody and/or Visitation. (See N.C.G.S. 50A-209). To file a Pleading/Complaint for Child Custody and/or Visitation go to the SelfServe Center, which is in Suite 3350 of the Mecklenburg Courthouse.
Toll-Free: 1 (866) 219-LANC (5262) Apply for free help with civil (non-criminal) legal issues. Those 60 and older should call the Senior Helpline.
Abandonment. A parent who has willfully abandoned a child for at least 6 consecutive months (or an infant for at least 60 consecutive days) can have their parental rights terminated. Abandonment involves a parent's intention to give up their parenting duties and claims.