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Are you wondering how to get emergency custody of your child?
In this article, we’re talking about:
Let’s dig in.
Custody can be devastating. It’s heartbreaking when parents lose custody of their children. Spouses end up having to pay agonizing amounts of financial support.
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Emergency custody hearings get held to discuss issues that put the child at risk.
When you file for emergency custody, judges will hold the hearing almost immediately.
They want to make sure the child is safe and will provide you with temporary custody orders.
These temporary custody orders go into effect until the judge can provide a final custody order.
Here’s what to do to get an emergency custody order.
After you have done this, the judge usually holds the emergency custody hearing within 24 hours.
After reviewing the evidence, they will provide you with a temporary emergency custody order.
Related: Moving Out of State With Child No Custody Agreement
You can get an emergency petition for custody from your family law attorney.
They will be able to package the petition for you so that you can file for emergency custody.
They will walk you through:
They will file the emergency petition for custody for you.
They will set up the emergency custody hearing for you as well.
When you go in front of the judge, they will guide you through the emergency custody hearing.
Let’s talk about how to file for emergency custody.
Related: Grounds for Full Custody of Child
To file for emergency custody, you’ll want to:
Your family law attorney will file for emergency custody for you.
When your family law attorney files for emergency custody, you will most likely need to be with them.
You will have an emergency custody hearing within 24 hours of filing the petition.
These next section is the main overview for emergency child custody.
We’re talking about:
The main reasons for emergency custody are child abuse, parental kidnapping, neglect, substance abuse, and sex offenders.
Child abuse is the number one reason for emergency custody orders.
There are two types of abuse to consider:
Physical child abuse results in:
While much more difficult to prove, emotional abuse is another reason for emergency custody.
Emotional child abuse leads to:
A parent doesn’t have to actually commit parental kidnapping to lose custody.
If a parent threatens to kidnap a child, this is one of the reasons a judge will change custody.
Related: If There Is No Custody Order In Place Can I Take My Child?
If a child’s basic needs are not being met, the judge will grant emergency custody.
Child neglect comes in the form of:
Child neglect does not HAVE to indicate that a child is harmed.
It just means that a child’s basic needs are not being met by one parent.
If a parent is abusing drugs or alcohol, the judge may issue emergency custody orders.
They will make the parent attend programs to get off the substances like:
Once the programs have been completed, the parent will have to provide proof that they are off drugs and alcohol.
They will have to provide the proper documents from the program.
But they will also be subject to drug and alcohol testing.
If the parent gets charged with sexual offenses, they will most likely lose custody.
But, emergency custody orders can happen if a sexual offender is living with the child too.
If your child is at risk or in danger, you need an emergency custody order.
This is true even if the danger or risk is very apparent.
You cannot just take you child away from the other parent.
This would be considered parental kidnapping.
Related: No Custody Agreement Father Took Child
This will not work in your favor when you are trying to get emergency custody.
If your child is at risk, reach out to a family law attorney immediately.
And have them file for an emergency temporary custody order.
Temporary custody orders do not become permanent without a new order from a judge.
A temporary custody order lasts UNTIL another custody order gets issued by the judge.
A temporary custody order will get replaced by a permanent custody order.
So, do temporary custody orders become permanent custody orders?
Most of the time, temporary custody orders do not become permanent custody orders.
Temporary custody orders take effect between the beginning of a custody case and a “permanent” custody order.
But temporary custody orders are enforceable just like any other court order.
When judges make a permanent custody order, it’s in the best interests of the child.
Meaning that the temporary custody order could be different from the final custody order.
The best way to make sure that you have a successful emergency hearing for child custody is to:
After you have determined that there is danger and you’ve filed the petition, what happens at the first custody hearing?
Related: Who Has Custody of a Child When the Parents Are Not Married?
What will happen at the first custody hearing?
You will need to present evidence that the child is in danger to the judge.
Evidence for emergency custody can be:
You are responsible for presenting evidence to prove your claims for emergency custody.
At the hearing, the judge ONLY wants to hear about the issues putting the child at risk.
They don’t want to hear about other issues related to:
The emergency custody hearing is only about the danger that the child is in.
So, how long does an emergency custody hearing take?
Custody hearings do not take long.
Most custody hearings take less than two hours.
Emergency custody hearings are held within 24 hours of you filing the petition for emergency custody.
After the judge reviews the evidence, they will provide temporary emergency orders.
The order can be given at the time of the hearing or within a couple of days.
This temporary custody order remains in effect until:
A follow-up hearing is set up to make sure the emergency custody order is being followed.
At this follow-up hearing, the judge could modify the original temporary emergency custody order.
If your child is in danger, the fastest way to get emergency custody is to reach out to your family law attorney.
They will fill out the petition for emergency custody, file it, and schedule your hearing as fast as possible.
They also give you the best chance of saving your child from the danger that they are in.
If your child is being abused, neglected, or potentially kidnapped, fill out the form below.
An experienced child custody lawyer will contact you as fast as possible.
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This website is for informational purposes only. It is not legal advice. Consult an attorney if you are seeking legal advice.
