Episode 22

Understanding Temporary Custody Orders in North Carolina

In this episode of Advocating for Dads with Jana and Jones family law attorney Jana sheds light on temporary custody orders in North Carolina. Jana explains the nature of temporary custody orders, the reasons families may need them, and the key issues typically addressed in such orders.

What is a temporary custody order and how does it work in North Carolina?

A temporary custody order is a court order that is valid and enforceable for a limited time period. It serves as a temporary solution until a permanent order is established. This order may include specific end dates, review dates, or simply be labeled as temporary, indicating the need for a future permanent order.

Why do families often need a temporary custody order instead of waiting for a final hearing?

Temporary custody orders are necessary in urgent situations where waiting for a final hearing is not feasible. Circumstances such as potential child abduction, abuse, or unreasonable withholding of the child may require immediate court intervention. Temporary orders act as a stop-gap measure until a permanent solution can be reached.

What issues are typically decided in a temporary custody order in North Carolina?

Temporary custody orders cover the same aspects as permanent orders, including legal custody (decision-making authority) and physical custody (overnight schedules). This encompasses decisions related to education, religion, medical care, and the child’s living arrangements with each parent.

How long does a temporary custody order usually last before it is replaced by a permanent one in North Carolina?

Temporary custody orders typically last anywhere from a few months to six to nine months before a permanent order is established. The duration may vary based on individual case circumstances and whether the parties reach a settlement before a permanent hearing.

What documents and evidence should fathers have ready when seeking a temporary custody order in North Carolina?

Fathers should prepare the same evidence required for a permanent hearing when seeking a temporary custody order. The decision to pursue a temporary order depends on the specific facts and urgency of the situation, necessitating prompt court intervention. Providing evidence that supports the need for immediate action is crucial.

How quickly can a court schedule a temporary custody hearing in North Carolina once a motion is filed?

In North Carolina, a temporary custody hearing can be scheduled relatively quickly, with emergency hearings potentially granted within two to three days. Typically, a temporary parenting arrangement hearing can be scheduled within 10 days, depending on the court’s availability and the urgency of the situation.

Is the enforcement of violations of temporary custody orders the same as for permanent orders in North Carolina?

Yes, the enforcement of temporary custody orders in North Carolina is similar to that of permanent orders. Parents can involve law enforcement if the other party violates the order by refusing visitation. Additionally, the court can hold the violating parent in contempt for breaching specific provisions of the temporary order.

Can parents skip the court process if they both agree on a temporary custody plan in North Carolina?

Even if parents agree on a temporary custody plan, they must file a lawsuit and have the agreement approved by a judge in North Carolina. This process involves filing a “friendly lawsuit” and obtaining court approval through a consent order, which reflects the mutual agreement of the parties.

What are the best initial steps for fathers seeking temporary custody in North Carolina to ensure consistency in their children’s lives post-separation?

Fathers should first engage in a conversation with the other parent to reach an agreement on the custody schedule. If no agreement is reached, filing for custody is necessary to establish a formal arrangement. It’s essential to prioritize the child’s best interests over parental concerns to ensure a fair and consistent custody plan post-separation.