Q: How do I file for emergency custody in NC after a child's assault?
I have a custody agreement that allows my child to visit his dad every other weekend. During a visit, my child was sexually assaulted by his father's other minor son. I reported the incident to the police, and they advised me to file for emergency custody. I need to know how to file a motion for ex parte emergency custody but am having trouble locating the necessary forms and procedures.
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A:
I'm so sorry you and your child are going through this. In North Carolina, when a child’s safety is in immediate danger, you can file for **ex parte emergency custody**, which means the court can issue a temporary order without notifying the other parent first. The situation you’ve described—especially involving an assault and a police report—meets the kind of urgent risk that these motions are designed for.
To start, go to the **Clerk of Court’s office** in the county where your current custody case was filed. Ask for the forms to file a motion for **ex parte emergency custody**, and also request a **motion to modify custody** if you plan to make long-term changes. You'll need to include detailed facts about the assault, your police report, and any other evidence that shows your child’s immediate risk. The court will usually review emergency motions the same day or very soon after.
If the judge grants the emergency order, it will temporarily suspend the father’s custody or visitation rights. A hearing will then be scheduled shortly after to decide what happens next. You’re doing the right thing by taking quick action. Keep copies of everything and make sure to follow up with the court to protect your child going forward.
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