Family law is complex. Protecting your rights as a father requires seamless navigation of the process and a thorough argument.
In emergency situations where a child’s safety or well-being is at risk, a father may request temporary custody from the court. The father can also do this through initial custody or when they are determining parentage. Courts often grant a parent emergency custody order when a full custody hearing is pending.
However, before a court grants you emergency custody, you have to prove that there are serious circumstances that put the child’s best interests at risk. In most cases, the court will only grant this order if the child is in immediate danger or their safety and well-being are at risk.
Factors a Court Considers in Emergency Custody Decisions
Some of the factors that a court may consider when determining whether to grant emergency custody include:
- The mother threatening to relocate with the child: If a mother threatens to relocate with the child without the father’s consent, this may be considered an emergency situation. The court may grant the father temporary custody until a full hearing can be held.
- Child abuse or neglect: If there is evidence of child abuse or neglect by one parent, the other parent can request emergency custody to protect the child from further harm.
- Domestic violence: If there is a history of domestic violence between the parents, the court may grant an emergency custody order to protect the child from being exposed to further violence.
- Parental substance abuse or addiction: If one parent has a substance abuse problem that puts the child at risk, the other parent may request emergency custody to ensure the child’s safety.
- Parental unfitness: In cases where one parent is deemed unfit due to mental illness or other factors, the court may grant emergency custody to protect the child’s well-being.
- Medical emergencies: If a child requires urgent medical attention and one parent refuses or is unable to provide it.
- Crime: If a parent has been arrested or charged with a crime that could potentially put the child in danger, the other parent may request emergency custody until the situation is resolved.
- Abandonment: In cases where one parent has abandoned the child and left them in the care of the other parent, emergency custody may be granted to ensure the child’s needs are met.
How Long Does It Take To Get An Emergency Custody Order?
You need to file an affidavit with the court immediately after you find out that the child is exposed to a dangerous situation because of the mother’s conduct. Filing it months after that emergency circumstance occurred will not result in you getting an emergency order. This is because the court will assume that it took you this long to file because it was not really an emergency situation.
After the judge signs the order, ensure the other parent gets served as soon as possible. This is because judges often schedule a hearing three days after signing the order for emergency temporary custody.
After the judge signs the order, it is better to wait until you have your scheduled visitation with your child so that you don’t have to track down the mother.
The duration it takes to get an emergency custody order varies from state to state. In some states, it can take as little as 24 hours while in others it may take up to a week or more. It also depends on the circumstances of your case and the availability of court appointments.
How to Obtain an Emergency Order In Texas
These steps include:
- You need to file an affidavit that includes all the details that show the child’s best interests are at risk.
- Complete a Petition for Temporary Restraining Order and a Proposed Order then file them along with your divorce or modification petition.
- Attend an ex parte hearing where the judge will review your affidavit and other documents to determine whether there is enough evidence to issue a temporary order. The other parent will not attend this hearing
- Have the process server or a law enforcement officer file the order to the other parent. This makes the other parent aware of the order and its conditions.
After the above steps are completed, a full hearing will take place within 14 days of issuing an ex parte emergency custody order. Both you and your ex will attend this hearing. Once the judge hears from both sides, they will decide whether granting the emergency custody order is in the child’s best interests.
How An Attorney Can Help You Obtain a Custody Order
A divorce lawyer plays a crucial role in helping a father secure emergency custody of his child. Here’s how an attorney can help you build your case:
- Gathering evidence to demonstrate the risk to the child’s safety
- Preparing and filing legal documents, such as the petition for a temporary restraining order
- Requesting emergency custody from the court
- Representing the father in an ex parte hearing
- Meeting all requirements of the legal process
Family law is complex. Protecting your rights as a father requires seamless navigation of the process and a thorough argument. Instead of trying to handle the process yourself, work with an experienced attorney in your area.
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