Navigating Temporary Custody Orders in NC: A Comprehensive Guide | Smith Debnam Narron Drake Saintsing & Myers, LLP
Introduction:
As a marriage nears separation, one of parents' most pressing concerns is determining custody and visitation arrangements for their children. This crucial decision often leads to arguments as both parents may believe they are the better caregivers. Factors such as housing, school locations, transportation, work schedules, pets, and neighborhood friendships further complicate the situation. In such emotionally charged times, legal advice is essential. This article examines the intricacies of temporary custody decisions and provides insights into their meaning and possible evolution into permanent arrangements.
Temporary Custody Orders: A Brief Overview
Navigating custody arrangements during separation can be challenging, especially when emotions are running high. In many cases, parents enlist the help of lawyers to make temporary arrangements until a more permanent solution can be found through mediation or negotiation. However, if these efforts prove unsuccessful, a party may take legal action and file a custody complaint in district court.
The need for structure and stability
In the absence of an agreement or order, one parent may withhold the children for fear that the other parent will not return them, exacerbating uncertainty and emotional stress for the entire family. Recognizing the importance of stability and permanence for children during separation, the court system uses temporary custody hearings to provide structure to the evolving environment and address concerns about the children's safety and well-being.
Temporary Custody Hearings: A Closer Look
In most North Carolina counties, preliminary custody hearings typically occur within 45 days of a complaint being filed. These hearings are relatively brief and may include testimony from parents or others seeking custody as well as written affidavits. The court carefully examines the evidence presented and issues an interim injunction for the benefit of the child or children concerned.
What makes an order temporary? What you should pay attention to when ordering:
- Does the order refer to a scheduled hearing at a different date and time?
- Doesn't the order address all issues of custody and visitation?
- Was the order made without prejudice to either party?
- Does the order provide for regular reviews?
Understanding Temporary Arrangements
Temporary custody orders serve as a temporary solution during separation, but can raise questions about their duration and possible transition to permanent orders. The law does not set a specific time frame for how long an interim order remains limited. Even if a judge initially labels it as temporary, that designation doesn't necessarily mean it's permanent.
Transition from temporary to permanent orders
After a temporary order has been in effect for a year or more, most attorneys argue that it should be considered permanent. However, the final decision often depends on individual circumstances and legal strategies. Parties seeking to vary a temporary order do not have to demonstrate a material change in circumstances, while parties seeking to modify an order deemed permanent must first show that a substantial change is warranted before they can demonstrate that a change is consistent with it is in the best interests of the minor child.
Interim Ex Parte Orders
In exceptional cases, interim injunctions can be issued ex parte, i.e. without notifying the other party. NCGS 50-13.5(d)(3) allows this when a child is at risk of physical harm or sexual abuse or is being removed from the state to avoid jurisdiction. These orders are generally valid for ten days, and within the ten day period a hearing will be scheduled before the court to determine whether there is substantial evidence that meets the criteria at 50-13.5(d)(3), or to reject the request face if it does not meet the emergency hearing requirements.
Conclusion: Create stability in the midst of uncertainty
Temporary custody orders play a critical role in providing guidance and structure for parents navigating the complexities of separation. They evolve over time and can take on characteristics of permanence. To ensure a more permanent solution and minimize emotional turmoil, it is advisable to schedule a hearing shortly after receiving a temporary order if you are seeking a permanent custody and visitation arrangement. By prioritizing the well-being of affected children, parents can work toward a smoother transition during a difficult time in their lives.
Comments are closed.