What is Emergency Custody?
Emergency custody is when one party approaches a judge and claims that a minor child is at significant risk. The courts will consider three factors to determine the validity of the claims.
- Is there a risk of substantial injury?
- Is there a risk of sexual abuse or emotional harm?
- Is one parent threatening to leave the state with the child?
Next Step
If one of those 3 situations is present a motion will need to be filed for emergency child custody. It’s important to obtain an attorney to help you navigate this situation.
If Emergency Custody is Granted
If emergency custody is granted, the party that filed the emergency custody order will be granted sole primary and legal custody on a temporary basis. The child would be in that parents’ complete care until the return hearing.
Return Hearing
The return hearing works similarly to domestic violence protective orders, where you’re coming back for that ten-day return hearing. What that means is in 10 days you will have time to present your case and it will also allow the other party a chance to present their side.
If you find yourself in a situation where you think you need an emergency custody order, contact one of our Family Law Attorneys today to help walk you through the process.