If you have a child with a former spouse or partner, you may have worked out a custody agreement with them, allowing your child to spend time with both parents. Unfortunately, situations can change, and when an emergency arises, you may need a swift change to the custody order. Knowing how to get emergency custody of a child if they face imminent danger at their other parent’s home helps ensure child safety.
Changing a custody order isn’t always easy, but working with a Newark family law attorney from CC LawGroup streamlines the process. Our post below explains what to expect and when an emergency order may be necessary.
What Constitutes Emergency Custody?
An emergency custody order is a type of custody that a parent or relative may petition the courts for if they think a child is in danger at a parent’s house. It’s possible to receive temporary custody orders due to a harmful situation or potential abduction by the custodial parent in days or weeks after filing the petition. Extreme circumstances may warrant a hearing within hours of filing, without the offending parent’s attendance or participation.
To have the courts intervene and change a permanent custody order, you need a valid reason. You may request an emergency custody change for the following reasons:
- Child neglect or abuse
- Risk of the custodial parent abducting the child
- Domestic violence in the custodial parent’s home
- Deteriorating mental or physical health of the custodial parent
- Sex offender residing in the custodial parent’s house
- Recent arrest of the custodial parent due to drug use, DUI, or another serious crime
How Long Do Temporary Emergency Child Custody Orders Last?
There is no way to know how long a temporary emergency custody order will last, as each case is different. The court will set the timeline for the order after evaluating the unique circumstances of the case. The order may remain in effect until the court ends, modifies it, or issues a final custody order.
How To File an Emergency Custody Order
If you’re wondering how to get emergency custody of a child, you’re not alone. The process typically starts with filing a petition for an emergency custody change with the family court. The filing must explain the emergency, provide evidence of the child’s danger or risk, and request a modification of custody.
Unsupported claims aren’t acceptable. Courts will need to review evidence like police reports, witness statements, and medical records before considering a modification.
After filing the petition, you will attend a hearing, and the judge will determine whether emergency custody is necessary after reviewing the petition and supporting evidence. If the court sides with you, you’ll receive a temporary order. You may have to attend a follow-up hearing to determine whether additional custody modifications are necessary.
What To Expect if the Court Grants Your Custody Request
Now that you know how to get emergency custody of a child, you want to know what to expect after the court grants such an order. In many cases, the court will order a law enforcement officer to remove the child from the problematic household, allowing the other parent to assume custody.
Sometimes, the courts will determine that neither parent is suitable to care for the child. In that case, a family friend, an adult family member, a caregiver designated by the family, or a foster care provider may assume custody.
The Importance of Hiring an Experienced Family Law Attorney
You are not obligated to hire a family law attorney to help with your emergency custody case. However, it’s helpful to have legal counsel. Custody requests can be more complex than they appear.
You also need to consider your emotional state. Can you make confident decisions about your child’s custody and well-being when you are stressed and overwhelmed?
A lawyer will help you navigate the custody modification process from start to finish. That includes filing the petition on time, submitting strong supporting evidence, and representing you in court. They will assist you in making informed decisions.
Start the Filing Process for an Emergency Custody Arrangement
If you’re wondering how to get emergency custody of a child, we can help. At CC LawGroup, we have over 28 years of experience helping people navigate legal matters ranging from child custody and divorce to spousal support and prenuptial agreements. Our knowledgeable attorneys understand local custody laws, deadlines, and court petition procedures, and we use our skills to advocate for our clients’ rights.
Do you need legal guidance regarding emergency child custody orders? Request a consultation with a compassionate attorney in Newark, California, from CC LawGroup by calling (510) 818-0000.
