QUESTION

Is a warrant for arrest enough reason to file for emergency temporary custody?

Asked on Nov 17th, 2017 on Child Custody - North Carolina
More details to this question:
My child's father has a warrant for arrest and has decided to be on the run. I have not seen him in almost two months. He texted me last week saying he was coming to get our daughter. I don't feel comfortable or safe knowing there is a warrant and he is running. The custody agreement states that he has visitation every other weekend and is now in contempt for missing visitation. I am filing a motion to modify but am not sure if that will be resolved seeing as how he can't be served. Can I file for emergency temporary custody in the meantime?
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1 ANSWER

Family Law Attorney serving Charlotte, NC at Prism Family Law
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Without additional information, this is a difficult question to answer.  On the face of it, you may have a chance to be awarded emergency custody given the fact that father is on the run due to criminal charges, and there is a risk of him attempting to take the child on the run with him.  The nature of the criminal charges could also have a big impact here.  Obviously a violent or sexual crime would create more concern than a possession of marijuana charge.  For more info, one of our blogs on emergency child custody in North Carolina may be helpful.    It is important that you seek competent legal advice in your local area when involved in a child custody dispute.  Most law firms offer reasonable consultation rates which would may help provide further guidance.  Hope this helps.  
Answered on Nov 20th, 2017 at 6:24 AM

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