It's An Emergency: Understanding Emergency Child Custody Orders


When a child custody arrangement affects a minor child in a negative manner, there are legal remedies. Whether the steps are taken by a parent or another concerned adult, every state has provisions in place that work to protect minor-aged children from abuse, neglect, criminal activity, parental kidnapping, and more. Read on and find out how these provisions are used in an effort to protect and rescue endangered children.

Wrongdoing by the other parent

No matter where you live, you can contact an attorney from a place like the Hart Law Offices, PC and file a request for an emergency temporary custody hearing. In some places, a parent can file this request by filling out a form at the courthouse and appearing before the judge. The county where you reside has jurisdiction over these matters and in some cases, a more permanent solution will be required in the future. Temporary orders are good for a certain length of time and a more formal hearing to permanently address the custody issue may be scheduled in the future.

Wrongdoing by the custodial parent

It's not just parents that have a responsibility to protect a child. Almost any interested adult can file a motion with the courts for temporary custody. Taking the child from their biological parents, even temporarily, is more complicated. The party requesting custody must be ready and able to prove that harm is being done to the child. For example, if you are alleging abuse you must show photographs of it. The courts are reluctant to remove a child from their parents on a permanent basis and may first order that the parents undergo educational classes, substance abuse rehabilitation, drug testing, and other means of reunifying the family. In some cases, however, the custody may be removed from the parents and awarded to a family member, such as a grandparent.

Parental kidnapping

When a non-custodial parent absconds with a child, the laws to protect the child are strict and encompass all states and jurisdictions. Thanks to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), no matter where the parent take the child there are laws in place to prevent that parent from seeking custody, that seek out the parent, and that punish the parent using federal guidelines. It must be mentioned that if you must travel to another state to ensure the safety of a child who is in danger you are also protected and can file for emergency protective and custodial orders in the new state.

If you are certain that a child is endangered and at risk, speak to a family law attorney at once.


26 September 2018

Find Legal Help for Your Loved Ones

After my mom turned 68 years old, she started doing all kinds of strange things. She spent her monthly retirement checks on excessive amounts of food and clothing but didn't pay her rent or bills on time. At one point, she forgot who I was to her. Since my mom lived alone at an independent apartment complex, I couldn't monitor her behavior every second of the day. I brought these things to my mom's attention, but she refused to get medical help. After my mother called the fire department to report a fake fire, I took legal action. I contacted a general attorney and became my mother's power of attorney. I now had the right to monitor my mom's finances and medical care. If your loved one needs help, read my blog for information on general attorneys. You'll find tips, articles and much more to help you get started.