Can I Get an Emergency Child Custody Order?

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As a parent, you want to make sure that your children are safe and secure at all times. Divorce often creates a challenging time for families. The law generally provides both parents with rights and responsibilities, and they often share parenting. However, there may be some instances where you need to get a court order to protect your child temporarily until the permanent child custody issues are resolved in court. You can petition the court for an order that will protect the child from potential harm.


Temporary Child Custody

In a divorce case, you may file a petition for temporary child custody. Parents may request a temporary hearing. During the hearing, the judge will review both sides and make a determination of child custody and define parental rights as they apply to the parents until the divorce is complete. Depending on your county, the hearing may take place immediately. It is best to seek assistance from an experienced Carrollton divorce attorney for guidance.

There are several circumstances in which a party may request a temporary custody order:

  • In the first stages of a divorce case, a temporary order may be granted to provide each parent with their rights to the child, pending the conclusion of the divorce.
  • When a parent needs to modify the original custody order because he or she intends to move out of the area.
  • When a third party seeks custody based on the health and safety of the child.

The court will always make a determination based on what is in the best interest of the child. A temporary hearing also allows you to address temporary child support and temporary alimony if these are necessary.


What Is an Automatic Standing Order?

A standing order is a legal order from a judge as a result of a request for modification of custody. The standing order prevents either parent from making changes to child custody. For example, one parent cannot move out of state with the child while a standing order is in place. The terms of the standing order may differ based on your county. Review the requirements and discuss them with your attorney to ensure that you understand the order. A temporary or emergency hearing will allow you to change the standing order that is in place until the final hearing.


Seeking Emergency Child Custody

Emergency child custody can be a complicated situation. It is important to file for custody as soon as you realize that a problem may occur because it can take some time to get a hearing. The motion for an emergency hearing must include an explanation of the details of the emergency and why the court should hear the case as quickly as possible. 

Generally, a parent files for an emergency hearing, however, there are instances where another party may need to seek custody. For example, if both parents are unable to care for the child, a third party might need to request guardianship and may need to have the authorization to provide medical care. This can be done in probate court or through a superior court.

Temporary and emergency child custody orders can be complex, and it is best to seek guidance from an experienced Carrollton family law attorney. Contact Moffitt Law, LLC for a consultation to discuss your needs and options.

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