When Are Emergency Custody Orders Necessary?

In most cases, arguments over custody take some time and hearings need to be scheduled around a busy family court calendar. That changes if it is believed that there is some danger to a child. This is when one parent can file emergency custody orders and try to get their child out of a bad situation. If you are concerned about the well-being of your children, a Tazewell County child custody lawyer may be able to help.

When Can You File Emergency Custody Orders?

You are only supposed to file emergency custody orders when you believe that your child will be put in danger if the other parent keeps physical custody. You do not file these orders over a simple disagreement with your spouse. It won’t reflect well on you if there was in fact no good reason to schedule an emergency hearing.

There are many good reasons to file emergency custody orders though. You can ask for custody when:

  • The other parent has been incarcerated or put into police custody
  • The other parent has threatened to take the child to another state or country
  • Your former spouse’s home has been damaged by a flood or another weather event that has left it unlivable
  • Utilities to the other parent’s home have been cut off
  • Someone in your former spouse’s home is abusing a chemical substance
  • The other parent or someone living with them is abusing the child

What Evidence Can Be Used to Back Up Emergency Custody Orders?

Unfortunately, the court will not just take your word for it in these situations. You must show up to your hearing with evidence. Some things that can help include:

  • Police reports
  • Letters from doctors, teachers, and other authority figures
  • Eyewitness or expert testimony
  • Correspondence with your ex or someone else in their household

Will I Have to Go to a Hearing?

Yes, you will have to go to a hearing. It can take a while to get a customary child custody hearing, but a hearing related to emergency custody orders could happen in the next day or two after a motion has been filed. This gives you the opportunity to get your child out of a potentially bad situation quickly.

You can present your evidence and tell the court why you filed for emergency custody. If you are convincing, then you will be awarded custody. Then another hearing would be scheduled for later on. Your attorney can help you gather evidence and they can argue on your behalf. If you want to have the strongest possible case, hiring a lawyer can be the wisest move that you make.

Talk to a Family Lawyer Today

If you need help addressing a custody issue, contact Butler, Giraudo & Meister, P.C. We can schedule a consultation and take the time to learn more about your situation.

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