Emergency Child Custody

Protecting Your Child: Emergency Child Custody

No parent ever wants to think about their child being in danger. But if you have concerns about your child's safety with the other parent, immediate action is crucial.

What is Emergency Child Custody?

Courts prioritize cases where a child's well-being is at risk. Emergency child custody allows for a swift court hearing to address urgent situations. These decisions are temporary, with follow-up hearings to determine a long-term solution.

Common Reasons for Emergency Custody

  • Suspected Kidnapping: If you believe the other parent plans to abduct your child.
  • Child Abuse: Any evidence of physical or emotional harm to your child.
  • Substance Abuse: If a parent's addiction poses a threat to the child's safety.
  • Incarceration: When a parent is jailed, temporary custody arrangements may be necessary.

Who Can Seek Emergency Custody?

  • Parents: A biological or adoptive parent concerned about their child's safety.
  • Grandparents: In some cases, grandparents may intervene if they believe the child is at risk.
  • Other Family Members: Depending on the circumstances, aunts, uncles, or other relatives may seek emergency custody.
  • State Agencies: Child protective services may intervene if they believe a child is in danger.

How Does the Court Decide?

The court's primary concern is the child's best interests. They will consider various evidence:

  • Witness statements or affidavits
  • Photos, videos, or recordings
  • Police reports
  • Medical records
  • Reports from child protective services

Challenges to Emergency Orders

  • Proof of Danger: You'll need evidence to convince the court of an immediate threat.
  • No Existing Order: If there's no prior custody agreement, the court might be cautious about a temporary change.

Contact Us Today

Contact The Law Office of Romeo R. Perez today at 7022147244 to schedule a Consultation and to learn more about emergency custody situations.