Most of the time, the original court that issued a child custody order is the place to start when seeking custody changes. However, emergency situations do come up, and other courts, including those in other states, may make an emergency custody order.
When you're in an urgent situation, you may file a petition with a court for temporary emergency custody. This emergency power is used only in extraordinary situations.
Using Emergency Child Custody
In an emergency, a court has the power to issue a temporary child custody order. The order aims to protect a child who has been abused or mistreated or faced threats of such treatment. Examples of emergencies include:
- Alleged sex abuse
- Threats of mistreatment or abuse
- Abandonment
- Current custody is held by a convicted sex offender
- Child endangerment due to parental drug or alcohol abuse
State law controls emergency child custody. What qualifies as an emergency can vary greatly among states. Some courts have a very narrow view of this power, while others are much more liberal.
Abuse involving a child's parent or sibling can also support emergency custody. For example, a parent may leave a domestic abuse situation and seek temporary custody in another state.
Securing Emergency Custody
Your child's physical location matters. Generally, the court only has power to issue an emergency custody order if a child is located within the state.
Next, the court conducts a full hearing before issuing an emergency order. All parties must be given notice and a chance to be heard. If needed, a court can issue an interim order to protect the child before the hearing.
A court using emergency authority must contact the court that has original authority over custody. The two courts must communicate and determine the best way to protect the child.
Showing Need
It's vital that your petition asking a court to use emergency authority contains specific instances of threats or abuse. Examples of evidence to support your petition include:
- Records from protection order proceedings
- Reports of social workers
- Home studies
- Medical and dental reports
- Child's psychological evaluations
- Affidavits from teachers and other adults concerning your child's behaviors
- Police reports and arrest records detailing domestic violence or other violent incidents
- Criminal records
- Affidavits of the parties
- In camera interviews (private interviews in the judge's chambers) with your child
Remember you need evidence. Allegations of threats alone won't warrant a court's emergency help.
How Long Does a Temporary Order Last?
The court will state how long the temporary order lasts. While the temporary order is in effect, you can seek permanent child custody changes from the original court. The emergency order lasts until the original court enters a custody order or until the given end date.
Keep the limits of an emergency temporary custody order in mind. The order gives a child short-term protection. The order isn't meant to affect permanent custody.
Work closely with your child custody lawyer and you'll stand the best chance to make the right decisions for your child.
Questions for Your Attorney
- Do temporary emergency custody cases involve extreme situations?
- How strong does evidence have to be to secure temporary emergency custody?
- If I win temporary emergency custody, does that support my case for changing permanent custody?