If the other parent tries to take the kids while my child is in the hospital, what can I do to keep the children with me temporarily? – North Carolina

Short Answer

In North Carolina, the fastest way to keep children with one parent temporarily is usually to file a custody action in District Court and ask for an emergency (often ex parte) temporary custody order that keeps the current arrangement in place or changes it for safety. The court can enter emergency relief only in narrow situations, such as a substantial risk of harm to the child or a substantial risk the child will be removed from North Carolina to evade the court’s jurisdiction. If there is already a custody order, enforcement tools may also be available to prevent an improper removal.

Understanding the Problem

In North Carolina, when one parent believes the other parent is about to remove the children from a hospital or otherwise take them without agreement, the question is whether a court can make a short-term custody decision quickly to keep the children with one parent until a full hearing can be held. The decision point is whether the situation qualifies as an emergency that justifies immediate, temporary court intervention rather than waiting for a regular custody hearing in District Court.

Apply the Law

North Carolina custody cases are handled in District Court. A judge can enter temporary custody orders early in a case, and in limited emergency situations can do so without first hearing from the other parent. Emergency relief is not automatic; the requesting parent must show specific facts that fit the narrow emergency standards recognized in North Carolina custody practice. If there is an existing custody order, North Carolina also has procedures to enforce that order quickly when a child is at risk of serious harm or removal from the state.

Key Requirements

A qualifying emergency: The facts must show an urgent risk that justifies immediate court action, not just a disagreement about parenting time.
Specific, sworn facts: Emergency requests are typically supported by a verified pleading or affidavit describing what is happening, when, and why it is dangerous or unlawful.
Proper forum and enforceability: The request must be filed in the right North Carolina court (usually District Court), and the requested order should be written clearly enough for law enforcement and the hospital to understand what must happen.

What the Statutes Say

N.C. Gen. Stat. § 50A-204 (Temporary emergency jurisdiction) – Allows a North Carolina court to enter a temporary emergency custody order when a child is present in North Carolina and an emergency requires protection from mistreatment or abuse.
N.C. Gen. Stat. § 50A-311 (Warrant to take physical custody of child) – In an enforcement case, allows a court to issue a warrant directing law enforcement to take physical custody of a child if the child is imminently likely to suffer serious physical harm or be removed from North Carolina.

Analysis

Apply the Rule to the Facts: The facts provided focus on an adult child who is hospitalized long-term and cannot communicate well, and the need for authority over healthcare and finances. That situation usually points to an adult guardianship issue, not a minor-child custody dispute between parents. If the real concern is that a co-parent is trying to remove minor children from the hospital or take them during a medical crisis, the emergency-custody pathway in District Court is the tool designed to create a temporary, enforceable “do not remove” custody arrangement while the case is pending.

Process & Timing

Who files: A parent (or a person with an existing custody order) seeking temporary custody protection. Where: North Carolina District Court (typically in the county where the children reside or are physically present). What: A custody complaint (or motion in an existing case) plus an emergency/ex parte motion supported by a verified pleading or affidavit. When: Immediately—emergency relief depends on urgency and specific facts.
Initial emergency decision: A judge may review the emergency request quickly. If the judge enters an emergency order, it is temporary and should be followed by a prompt return hearing where both parents can be heard. Local scheduling practices vary by county.
Enforcement if removal is imminent: If there is already a custody order and the child is at immediate risk of serious harm or being taken out of North Carolina, an enforcement filing may support a request for a warrant for law enforcement to take physical custody under the UCCJEA enforcement provisions.

Exceptions & Pitfalls

Not every hospital dispute is an “emergency” under custody law: Courts generally reserve ex parte custody changes for serious safety risks or a real risk of out-of-state removal to evade the court.
Wrong legal tool for the real problem: If the hospitalized person is an adult child and the issue is medical consent and banking access, the correct path is usually adult guardianship (and possibly emergency guardianship), not a custody filing.
Unclear or incomplete paperwork: Vague allegations or missing sworn details can lead to denial. Orders should be specific about who has temporary custody and whether the other parent is restrained from removing the children from the hospital or from North Carolina.

Conclusion

In North Carolina, a parent who needs to keep children with one parent temporarily during a hospital-related crisis typically must seek a temporary custody order in District Court, and emergency (sometimes ex parte) relief is limited to narrow situations like a substantial safety risk or a substantial risk the children will be removed from North Carolina to evade the court. The practical next step is to file a custody action (or motion in an existing case) and request emergency temporary custody relief immediately in the county where the children are located.

Talk to a Guardianship Attorney

If a family is dealing with a hospital crisis and urgent decision-making needs, our firm has experienced attorneys who can help explain the fastest options, the correct court, and the timelines that apply. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.