Top Mistakes to Avoid When Filing for Emergency Custody in North Carolina

Filing for emergency custody is one of the most serious actions you can take in a child custody case. North Carolina courts treat these requests with extreme caution because they can temporarily deprive a parent of custody without prior notice. Unfortunately, many well-meaning parents make avoidable mistakes that hurt their chances of success—and sometimes even backfire legally.

If your child is in danger and you need immediate protection, here are the top mistakes to avoid when filing for emergency custody in North Carolina.

1. Failing to Provide Specific, Verifiable Facts

Emergency custody is not granted based on general concerns, vague accusations, or emotional appeals. You must offer specific facts that show an immediate danger to the child’s safety.

🚫 Avoid:

• Saying things like “he’s a bad parent” or “the home is unsafe” without details.

✅ Do:

• Include dates, behaviors, witnesses, photos, police reports, and DSS involvement.

2. Relying Solely on Hearsay

Courts expect first-hand, sworn testimony—not rumors or second-hand reports. If you submit affidavits from others, make sure they come directly from the source and are notarized.

🚫 Avoid:

• Statements like “someone told me they saw...” or “I heard that…”

✅ Do:

• Include sworn affidavits from credible witnesses or professionals (e.g., counselors, teachers).

  
  

3. Misunderstanding What Qualifies as an “Emergency”

Under NCGS § 50-13.5(d)(3), emergency custody is only granted if there is:

• A substantial risk of bodily injury

• A substantial risk of sexual abuse

• A risk the child will be taken out of state to avoid court authority

🚫 Avoid:

• Filing just because the other parent has a new partner or missed a few visits

✅ Do:

• Ensure your situation meets one of the above legal standards before filing

4. Failing to Notify the Court of Existing Custody Orders

If there’s a prior custody order in place—even from another state—you must disclose it to the judge. Failure to do so could result in dismissal or sanctions.

🚫 Avoid:

• Filing without telling the court there’s a pending custody case or active order

✅ Do:

• Attach copies of existing orders and explain any conflicts

5. Not Following Local Court Rules or Procedure

Every county in North Carolina may have slightly different filing requirements, forms, or scheduling procedures. Ignoring these can delay your request or result in outright denial.

🚫 Avoid:

• Filing generic paperwork without consulting court staff or a lawyer

✅ Do:

• Follow your local Family Court rules and seek legal guidance

6. Poorly Written or Unsupported Affidavits

The affidavit is your strongest evidence. A poorly drafted affidavit—especially one that’s emotional, disorganized, or legally insufficient—can ruin an otherwise valid claim.

🚫 Avoid:

• Long, emotional narratives with few facts

✅ Do:

• Stick to facts, use headings (e.g., “Incident on July 3, 2025”), and attach supporting exhibits

7. Going It Alone Without Legal Help

Emergency custody filings are often complex and urgent. A single misstep can cost you your ability to protect your child. An experienced family law attorney ensures your motion is properly filed, factually strong, and legally sound.

🚫 Avoid:

• Waiting too long to get help or trying to DIY your way through court

✅ Do:

• Contact a local family lawyer immediately

How King & Rowe Can Help

At King & Rowe, Attorneys at Law, we’ve helped countless parents in Hickory, Catawba County, and surrounding areas protect their children through emergency custody filings. We understand the urgency and care these situations demand—and we’ll guide you every step of the way.

📞 If you’re concerned for your child’s safety, don’t wait. Call today for a confidential consultation. 828-466-3858

✅ Quick Takeaways:

• Emergency custody in NC is reserved for immediate danger to the child

• Your affidavit must be specific, sworn, and fact-based

• Common mistakes include filing on weak facts, ignoring local rules, or going it alone