So your ex-spouse has succeeded in obtaining an emergency custody order against you. Now you are looking for the answer to the question of How to Overturn an Emergency Custody Order. This can be a time confusing matter, but don’t worry.
There are four easy ways to overturn this order and get your child back in your care. In this post, we will discuss each of these methods in detail and help you understand the process of overturning an emergency custody order.
4 Easy Ways on How to Overturn an Emergency Custody Order
I know a father who obtained primary physical custody of the child since their divorce. But, the mother was desperate to get her children back in her care.
After lying to the court and saying that the father had physically abused the children, as like as usual court granted a temporary emergency custody order for that woman. Now he is looking the ways to overturn that order. He or anyone who is in a similar situation can follow the below steps:
#1. Keep the Records to use as Evidence:
The first thing you need to do is keep a record of everything that has happened since the emergency custody order was put in place. This includes text messages, phone calls, emails, and other communication between you and your ex-spouse.
You will also want to keep a journal detailing your interactions with your children. This journal can be used as evidence to show that you have been an active and involved parent despite the emergency custody order.
If there have been any incidents of abuse or neglect, be sure to document these as well. You will want to keep copies of police reports or medical records related to these incidents. These documents can be very helpful in overturning an emergency custody order.
If you have been paying child support, keep copies of these payments as well. You will want to show the court that you are financially capable of taking care of your children and that you have been meeting your financial obligations despite the emergency custody order.
Always have a neutral third party involved when you interact with your wife. Later this third party can be used as a witness who can attest to your character and parenting abilities. These witnesses can provide valuable testimony in court that can help you overturn the emergency custody order.
The only way to fight this battle is to have objective evidence of your assertions and factual evidence to refute what the other party is saying.
#2. Hire an Attorney:
The next step is to hire an experienced family law attorney who can help you navigate the legal system and build a strong custody case to overturn the emergency custody order.
Your attorney will be able to help you gather the necessary evidence and prepare for court. They will also be able to represent you in court and ensure your rights are protected.
Do not try to represent yourself in court. The legal system is complex, and you will not be able to navigate it effectively on your own.
An experienced attorney who knows how to overturn a temporary custody order can give you the best chance of success in overturning the emergency custody order.
#03. File a Motion to Modify Custody:
The third step is to file a motion to modify custody with the court. In this motion, you will need to provide the court with evidence demonstrating that the emergency custody order is no longer necessary and that it is in the child’s best interest to be returned to your care.
Your attorney may use some cases as a precedent to show the present court how previous courts decided this kind of case. Such as in Regan v. Smith [131 N.C.App. 851, 852-53, 509 S.E.2d 452 (1998).] the court held that temporary custody orders establish a party‟s right to custody pending the resolution of a claim for permanent custody.
According to Simmons v. Arriola [160 N.C.App. 671, 586 S.E.2d 809 (2003)] a court may modify a temporary custody order without finding a substantial change of circumstances. The court must instead find that modification is in the child’s best interests. In making this determination, the court should consider all relevant factors, including:
- The length of time that has elapsed since the entry of the original order;
- The degree to which each parent has complied with and benefited from the terms of the original order;
- Any material changes in the circumstances of the child or either parent;
- The relative stability of the home environments offered by each parent;
- The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the child and the other parent.
- The evidence you showed to the court will play a vital role in whether or not the emergency custody order is overturned.
Depending on when the Order was entered, you may be able to file a Motion for Rule 59 or 60 Relief to overturn the Order, but there are very strict time limits, so consult with an attorney asap.
To modify the temporary order, you will need to show changed circumstances. If 59 and 60 motions are unavailable, I will try to get the “permanent” custody trial on the docket to be heard asap.
So you have plenty of options to convince the court to overturn the temporary order. An experienced family attorney can guide you thoroughly about this issue. Instead of waiting, you should consult with an attorney to protect your parental rights.
If your attorney can convince the court, most probably in this stage, it will overturn the emergency custody order.
#4. Petition to Grant a Permanent Child Custody Order:
If the court denies modifying the emergency custody order, you can still try to get a permanent custody order by filing a petition with the court.
To win permanent child custody, you will need to show that you are the best parent for the child and that it is in the child’s best interests to be in your care.
You will also need to provide evidence demonstrating that the other parent is not fit to care for the child or that the circumstances have changed since the temporary order was placed.
Note: Don’t disobey the court order in any situation. try your best, but obey the court order. It will make you an excellent person to court in the future. However, below relevant video might be helpful to you:
FAQs on How to Overturn an Emergency Custody Order
What does an emergency custody order mean?
An emergency custody order is a court order that gives one parent the right to make decisions about their child’s care in the event of an emergency. This type of order is typically placed when there are concerns about the child’s safety or well-being.
The emergency custody order will remain in effect until it is overturned by the court or replaced with a permanent custody order. Nowadays, parents are lying to get emergency custody with the intention to withhold the child from another parent.
When does a judge grant emergency custody?
There are a few different scenarios where a judge may grant emergency custody. One common reason is if there are allegations of abuse or neglect. If one parent has been accused of harming their child, the other parent may be granted emergency custody to protect the child from further harm.
Another reason a judge may grant emergency custody is if one parent is deemed unfit. This can happen if the parent is struggling with addiction or mental health issues.
In some cases, a judge may also grant emergency custody if a significant change in circumstances, such as one parent losing their job or having to move for work.
How do you respond to an ex parte?
If you have been served with an ex parte order, you will need to respond within the time frame specified by the court.
In most cases, you will be required to appear in court for a hearing where both sides will have the opportunity to present their evidence. After hearing from both sides, the judge will decide whether or not to grant the ex parte order.
If you oppose the ex parte order, you will need to present evidence to the court that shows why the order should not be granted. This may include witnesses, documents, or other forms of evidence. An ex parte order is only temporary and can be overturned by the court.
What happens after emergency custody is granted?
After emergency custody is granted, the custodial parent will have the right to decide on their child’s care. This includes decisions about where the child will live, what type of medical care they will receive, and what school they will attend. The non-custodial parent may be given visitation rights, but another adult typically supervises these.
Emergency custody orders are typically put in place for a specific period, usually six months. After this time, the custodial parent may petition the court to extend the order or to make it permanent.
The non-custodial parent will also have the opportunity to file a petition asking the court to overturn the emergency custody order.
Will the court overturn the temporary emergency custody order?
Yes, the judge may set aside temporary orders if you show that the claims are untrue. The DCS report that found the allegations to be unsubstantiated will assist.
The judge may impose sanctions if you can prove that the other parent lied and got away with it. You’ll want another lawyer, especially because this case feels like a runaway train.
Can a court modify a child custody order due to endangerment?
Yes. A court may modify a custody order if there is a change in circumstances that endanger the child’s welfare. The burden of proof is on the custodial parent to show that the child would be better off with the other parent.
Final Thoughts:
Following these steps will give you the best chance of success in overturning an emergency custody order. Every case is unique, and you should always consult with an experienced family law attorney before taking any legal action.
My grandchildren have been removed from their parents! abuse of drugs and no employment I know housing mother has refused to do the DSs social services safety plan and has lost custody of her children I just found out the children 11 girl 11 year old girl and a 14 year old boy sleep together in one bed the custodial parent is abusive emotionally due to alcohol abuse what should I do how can I help my grandchildren
It sounds like your grandchildren are in a very difficult situation and need help. The best thing you can do is to contact the local child welfare agency or social services office for assistance. They will assess the situation and determine what steps can be taken to ensure your grandchildren’s safety, such as arranging one-night stands with a legal guardian, obtaining child support payments from their parents, and establishing appropriate living arrangements for them. Additionally, you may want to consider contacting an attorney to see if there are any additional legal steps that can be taken on behalf of your grandchildren’s rights.
Even you may file for custody of the grandchildren if you can show that one of their parents is not suitable to take care of them. It will be hard but possible with the help of an attorney and other professionals involved. No matter what, it is important that your grandkids get the protection and assistance they need during this difficult time. Good luck!