3 Situations That Call For An Emergency Custody Order

29 July 2015
 Categories: Law, Blog


When it comes to divorce, custody issues can often be the source of the most animosity and stress. In most cases, it is possible to come to an agreement that benefits the children and allows both parents to have parenting time. But there are some situations, whether you are currently filing divorce or the divorce has already been finalized, that may call for an emergency temporary custody order. If you encounter one of these situations with your children, consult your lawyer to assist you in obtaining an emergency custody order:

Physical or Sexual Abuse

While the courts typically want both parents in a child's life, any type of physical or sexual abuse is unacceptable. If you witness any type of child abuse, it is essential to contact the police and file for emergency custody as quickly as possible. In the case that your child exhibits signs of abuse after visitation with his or her other parent, do not hesitate to try to obtain emergency custody. In the absence of any witnesses, the court and local child protective services will investigate the case; in the mean time, it is important to do whatever you can to protect your child from a dangerous situation.

Drug or Alcohol Addictions Affect Parenting

Addiction to drugs or alcohol can cause a previously loving and competent parent to become unfit in a short amount of time. If you are divorcing a drug addict or alcoholic, or if your ex-spouse has become one since your divorce has been finalized, you are within your rights to file for an emergency custody order to protect your child from being in that environment. You will likely need to supply some type of evidence, but while your child's other parent is being investigated, you will most likely be able to have full custody. 

Child Neglect

While co-parenting with an ex-spouse, it is normal to expect that he or she will provide your child with a certain amount of care. If you learn that your child is being neglected during spending time with your ex-spouse, you may be able to petition for an emergency custody order to remove the child from your ex-spouse's care. In this type of situation, your child may be interviewed by a child psychologist to learn more about what is going on, and child protective services may become involved in order to ensure that the best interests of the child are kept in mind.

Be advised that you will be required to present evidence of your claims against your child's other parent. Typically you can do this by presenting police reports, records of past arrests or protective orders, medical records, reports from child protective services, or a report from a child psychologist who has done an evaluation on your child. For more information, talk to a lawyer, like those at Hart Law Offices, PC.