Cases involving child custody can be highly contentious between parties. An unfortunate reality is that, in some cases, parties raise allegations of child abuse or neglect against the other party during the course of the dispute. This can potentially trigger a report being made to a local Child Protective Services (CPS) agency. In instances where the Department of Social Servies (DSS) investigate and find credible concerns for child abuse or neglect a juvenile petition can be sought pursuant to Chapter 7B.
What if DSS files an Abuse, Neglect, Dependency (“A/N/D”) petition?
One may assume that if you have a pending Chapter 50 child custody action, your case can continue to be heard in District Court. However, that is not the case. Everything changes the moment DSS files a verified A/N/D petition. Pursuant To North Carolina law, specifically § 7B-200, the juvenile court where the A/N/D action is initiated obtains exclusive, original jurisdiction over any case involving a juvenile who is alleged to be abused, neglected, or dependent. This means that any pending Chapter 50 child custody action comes to a complete halt.
When can the Chapter 50 child custody matter resume?
Once an A/N/D petition is filed, the only way a pending Chapter 50 child custody action can be heard in family court is if the juvenile court terminates its jurisdiction. Only then can the child custody action in domestic court proceed.
What do I do if an A/N/D Petition is filed naming me as a party?
The purpose of an Abuse, Neglect, and Dependency (A/N/D) petition is not to establish the culpability of a parent or caretaker for the alleged abuse or neglect of a child, but rather to determine whether the child is abused, neglected, or dependent and in need of the court’s protection and intervention. Thus, the burden is on DSS to prove the allegations alleged in the underlying A/N/D petition. If you find yourself named as a party in an A/N/D action, it is highly suggested that you seek out legal advice and representation. Depending on your financial circumstances, you may qualify for court-appointed counsel. If you do not qualify, you would need to hire a private attorney, should you wish to have legal representation.
The Court addressing A/N/D is a specialized courtroom with strict rules and procedures. It is important to take these proceedings seriously, as the outcome can have a direct impact on the custody and placement of your children. Although your Chapter 50 action may be paused while the juvenile matter is pending, your focus should shift to the juvenile court proceedings. The pending petition will take priority, and the decisions made in juvenile court can significantly affect your parental rights and future custody arrangements.
If you or somebody you know is in need of legal guidance when it comes to their children and an A/N/D legal proceeding, our team at Modern Legal is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Driven by a passion for helping individuals and families navigate life’s most challenging transitions, Eboni N. Thompson has dedicated her legal career to providing compassionate, client-centered family law representation. She believes that every client deserves to feel heard, informed, and empowered throughout the legal process, whether resolving matters through negotiation or advocating in the courtroom when necessary. As a Family Law Associate Attorney at Modern Legal, Eboni is committed to guiding clients with empathy, professionalism, and practical legal solutions that help them move forward with confidence.
