Emergency Custody Lawyer in Raleigh, NC – Ex Parte Relief

Family law emergencies require swift, decisive action. When a child’s safety or wellbeing is at immediate risk, North Carolina law allows for emergency custody orders, also known as ex parte relief. These legal tools are designed to protect children from imminent harm and stabilize dangerous situations before lasting damage occurs.

At Gantt Family Law, we help parents and guardians across Raleigh, Apex, Durham, and Sanford seek or respond to emergency custody orders with speed, strategy, and clarity. Whether you’re pursuing immediate protection or fighting an order that was unfairly issued, our attorneys act fast to advocate for what’s best for your child.

If you're facing a high-risk custody situation, contact our Raleigh emergency custody lawyers online or call us at 984-326-3302 now. We’re here to help you navigate urgent family law matters with confidence and care.

What Is an Emergency Custody Order in North Carolina?

An emergency custody order—granted ex parte, meaning without prior notice to the other party—gives one parent or guardian temporary custody when a child is believed to be in immediate danger.

Under North Carolina General Statutes § 50-13.5(d)(3), a court may issue an emergency custody order if there is evidence of:

• Substantial risk of physical or sexual abuse
• A serious threat of bodily injury to the child
• A risk of abduction or concealment to evade jurisdiction

These cases often arise during heated custody disputes, following incidents of domestic violence, or when one parent has fled with the child without legal authority.

Emergency orders are temporary but powerful. They remain in effect until a full custody hearing can be held—typically within 10 days.

How to File for Ex Parte Relief

Filing for emergency custody in North Carolina involves more than urgency—it requires compelling legal justification and thorough documentation.

Our Raleigh emergency custody attorneys assist clients with:

• Drafting motions for ex parte relief with supporting affidavits
• Gathering evidence such as police reports, medical records, or witness statements
• Representing you at the initial emergency hearing
• Preparing for the follow-up hearing where long-term custody may be addressed

We represent parents in Wake, Durham, and Lee counties and understand the unique filing procedures and judicial expectations in each local court.

If you’re unsure whether your case qualifies for emergency relief, we can evaluate your circumstances and help you act quickly to protect your child.

Responding to an Emergency Custody Order

If you’ve been served with an emergency custody order—especially one that was issued without your knowledge—you still have rights.

Our attorneys help clients:

• Respond promptly to ex parte orders and understand the scope of restrictions
• Prepare evidence for the return hearing to regain custody
• Address allegations of abuse, neglect, or concealment
• Seek modifications or dismissals when the order lacks proper legal basis

We also help clients modify long-term custody arrangements following an emergency ruling.

Why Choose Gantt Family Law for Emergency Custody?

When your child’s safety is on the line, there’s no room for delay or error. Gantt Family Law is known across the Triangle for fast, effective action in high-stakes custody matters.

What sets our firm apart:

• Rapid response to emergency custody filings
• Strategic planning for both initial and follow-up hearings
• Deep understanding of family court procedures in Raleigh and surrounding areas
• Compassionate, judgment-free counsel for parents in crisis

We also help clients enforce custody orders and protect against unauthorized relocation.

Frequently Asked Questions

How fast can I get an emergency custody order?
If granted, an emergency custody order can be issued the same day your motion is filed. The judge will review the motion and affidavits without a full hearing.

Can I get emergency custody without an attorney?
It’s possible, but not advisable. These cases are time-sensitive and legally complex. An attorney improves your chances of success and protects your long-term interests.

What happens after the emergency order is granted?
A return hearing is scheduled—usually within 10 days—where both parties can present evidence. The court may continue, modify, or dissolve the temporary order.

Can emergency custody become permanent?
Not by itself. However, the emergency order may lead to permanent changes if the court finds evidence of serious and ongoing risk to the child.

What if the judge denies my request?
If your request is denied, you may still be able to pursue a standard custody modification or file under different legal grounds. We can help determine your next steps.

Protect Your Child. Act Today.

When emergencies arise, every moment matters. At Gantt Family Law, we’re prepared to file and respond to emergency custody actions quickly and thoroughly—so your child’s safety doesn’t wait on the system.

Serving families throughout Raleigh, Apex, Durham, and Sanford, our attorneys offer experienced guidance when the stakes are highest.

Visit our contact page or call 984-326-3302 now to speak with a Raleigh emergency custody lawyer.