In an ideal world, co-parenting would be easy and stress-free. However, that is unfortunately not always the case. If you believe that your child is in danger with their other parent or that you are being denied your parental rights, it may be time to consider filing an emergency custody order with the court. Your child’s safety is of the utmost importance, so reach out to a Union County child custody attorney to obtain sound legal advice and representation.
What is an Emergency Custody Order?
An emergency custody order is just what it sounds like. It is a temporary change in custody due to an urgent and unforeseen issue relating to the safety of your child. Custody disputes in a courtroom can be time-consuming and drawn out, lasting weeks or even months. If you believe that your child is in imminent danger, then you do not have weeks or months to waste waiting for the legal system to process your request. This is where a judge may grant an emergency order so that you can get your child out of the harmful situation as soon as possible.
Who Can File?
The most common people who petition for an emergency custody order are the child’s parents. However, a child’s grandparents, relatives, or family friends can request an order as well if they feel that both parents are not suitable to take care of the child and that they are both putting them in danger. Non-parental figures also may petition for emergency custody if one or both of the parents is incarcerated.
Should I File for an Emergency Custody Order?
Filing an emergency custody order is a serious task, and judges do not take the request lightly. Only file if you truly need to. With that being said, there are a variety of reasons why you may want to file a petition, including:
- The child is being mentally, physically, sexually, or otherwise abused
- The child’s needs are being neglected, for example, a lack of food, education, medical attention, etc.
- The other parent is bringing dangerous substances such as drugs and alcohol into the home, creating an unsafe environment
- The other parent has been abandoning the child and leaving them on their own or with other family members or friends
- The other parent is incarcerated
- The child was taken to a different state or country without permission
- The other parent is denying you your parental visitation rights
If any of these situations are true, your child could be in danger. You may want to petition the court to grant you a temporary emergency custody order to ensure the safety of your child.
