As a parent, you probably put your child first. You want to make sure they are safe, even when you cannot be with them. If you have a feeling that your child might not be receiving the care they need from their other parent, you might need to take legal action to protect your child.

Trying to figure out what to do can be complicated, which is why working with The Colony emergency custody lawyers is critical. An experienced child custody attorney could help you determine what steps to take and navigate you through the complex legal process.

Understanding Emergency Custody Orders

An emergency custody order temporarily awards custody of a child to one parent. In certain circumstances, someone other than a parent can receive temporary custody. A grandparent, other extended family member, or nonfamily member who has a close relationship with the child might receive temporary emergency custody when neither parent is able to care for the child and a court determines it is in the child’s best interests.

Timeline for Emergency Custody Orders

Emergency custody orders are temporary orders. Courts are generally quick to issue emergency custody orders. If a parent has evidence that their child’s other parent poses a risk to the child, a court could grant emergency custody temporarily. Sometimes, courts will award an emergency custody order in the form of an immediate temporary restraining order before a hearing to protect the child. The temporary restraining order can prevent the parent who poses a risk to the child from talking to the child or being around the child.

Because emergency custody orders are temporary, courts need to schedule hearings to determine the permanent custody arrangements for the child. At this hearing, the parent without custody of the child will have the right to defend themselves and try to keep custody of the child. It is essential for the parent requesting the emergency order to keep sole custody of their child to present strong evidence. Attorneys in The Colony have successfully helped other families facing this difficult situation. They know how to guide families through the legal process.

Justification for Emergency Custody Orders

A lawyer could explain that The Colony courts grant emergency custody orders when they have justifiable reason to believe that the child’s well-being is at risk while with the other parent.

Some of the reasons that courts might issue emergency custody might be as follows:

  • The child has experienced physical abuse
  • The parent is abusing drugs or alcohol
  • The parent is mentally unstable
  • The parent is incarcerated
  • The child has been neglected or abandoned
  • The parent is ill and unable to care for the child

The parent requesting emergency custody must present evidence to support their claim that their child would be in danger if they stay with the other parent, such as the following:

  • Police reports documenting that they have visited the home and observed evidence of domestic abuse
  • Medical records detailing child abuse
  • Photographs of a child’s injuries
  • Statements from neighbors or people familiar with the family
  • Rehab history or positive drug test results
  • Proof of incarceration

A knowledgeable local lawyer could help gather supporting proof.

Call Attorneys from The Colony about Emergency Custody Orders

If you believe your child is experiencing harm while staying with their other parent, you need to act fast. However, you might not know what to do. Call a seasoned legal team who could carefully guide you through the paperwork and other legal requirements.

The Colony emergency custody lawyers could help find evidence to support your claim, while allowing you the time to focus on caring for your child. Call today to learn how this law firm practices family law the right way.

Meet Matt Towson

Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.

Meet Matt Towson
Meet Matt Towson
Meet Matt Towson