When is Emergency Child Custody Granted?

Emergency child custody is granted when a situation has exigent circumstances. This means, it is an emergency and requires immediate attention. If the child is in danger of abuse or violence he/she should be removed immediately. In situations where there are threats but no physical violence, emergency custody may be granted to protect the child before any injuries. A child may also be removed from a situation before any threats of violence occur. If substance abuse is an issue in a child’s home, that too could lead to emergency custody. Abandonment is also grounds for emergency custody. In any situation, it is best to speak with an experienced lawyer immediately. An attorney will help reach the best possible outcome.

Emergency Child Custody Procedures

In an emergency where swift action is required, the parent deemed dangerous does not need to be notified. Again, this is due to the urgency of these situations. Gathering detailed records of any medical bills, police reports, evidence of abuse, Child Protective Services (CPS) records, as well as any parental convictions that are relevant is a crucial step. The next step is to file a petition. The parent seeking emergency custody may file the petition in person or by mail. You will send all the documents you gathered with the petition. So, keeping copies for your records is wise. You will receive a court date once your petition is received.  Once emergency custody has been granted and the child is safe, the parent may file for permanent custody. Having assistance with these steps will ease the stress that comes with being in a crisis.

If you or a loved one is seeking emergency custody, contact an experienced family lawyer at Julian, Crowder & Shuster today.



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