Emergency custody orders are granted when the court feels that a child is in danger under the current child custody order. Parents or other relatives may seek these orders if they have proof of abuse, neglect, or the threat of harm to the child. These orders can temporarily grant custody to a parent or guardian while a permanent custody change is sought.
Circumstances that merit an emergency custody order:
- Abandonment or neglect of the child
- Threats of physical or sexual abuse
- Allegations of physical or sexual abuse
- Allegations of substance abuse which risks the child’s safety
- Any amount of custody was granted to a convicted sex offender
The laws can vary, so it may be difficult to predict what the court will decide. Some courts are more disposed than others to make emergency decisions and exercise authority for the child’s wellbeing. There are also jurisdiction issues to worry about if the custody issue involves multiple states or jurisdictions. Your child custody lawyer can help you find the correct steps to take to protect your child, no matter where you are living.
Filing a Petition for an Emergency Custody Order
You will need to file a petition with the correct court, which can be determined by your attorney. Along with the petition, you must provide examples of specific threats or abuses. You also should include any possible evidence to support your claims. Without evidence, there is little the courts can do to help you, and you may even be accused of false allegations. This can greatly hinder your ability to help your child, so it is important to collect and submit the appropriate evidence with your petition.
Evidence may include any of the following documents:
- Arrest records or police reports for the other parent, their partner, or member of their household
- Records of relevant prior convictions for the other parent, their partner, or member of their household
- Results of any prior protection order proceedings against the other parent
- Records from Child Protective Services or other child and family support agencies
- Medical or dental records of the child
- Records from the child’s psychologist, therapist, or counselor.
Emergency custody orders are not permanent, and will only serve until a permanent change can be made to prior custody orders. Be prepared to petition the court for a new custody order, which removes the child from the custody of the abusive or dangerous parent. Your child custody lawyer can help you move quickly to prepare your case and prove that it would be in the child’s best interests to be in your custody. The court will seek to respect what is best for the child, so you will need to demonstrate how you are the best option. The emergency custody order will expire when a permanent custody order is given by the court.
If you are dealing with multiple states during your custody dispute, you will need the help of an attorney who is familiar with the intricacies of interstate custody decisions. Your lawyer is a valuable resource who can help you fight for your child’s safety and ensure that your family receives the help you need.
At the McDonald Law Offices, PLLC, or caring team is ready to help you with your child custody dispute. We offer caring, knowledgeable legal counsel that is backed by years of experience handling cases like yours. We believe that our clients deserve individualized attention, which is why our Henderson child custody attorneys focus on personalized solutions and result-oriented actions.
Request a confidential initial consultation now. Contact our offices by calling (702) 850-8004.