Do You Need A Temporary Emergency Custody Order?
If you are involved in a child custody battle, you know that these procedures can often linger on for weeks or months. But what happens when you cannot wait this long because your child is in danger or at risk of disappearing with the other parent? In these cases, you may need your child custody lawyer to file for a temporary emergency custody order. But what does this mean and what do you have to prove to get one? Read on for more information.
What Is A Temporary Emergency Custody Order?
A temporary emergency custody order differs from a traditional custody order. The emergency order is used in specific situations to protect your child. While these reasons sometimes vary from state to state, they often include the following:
- When the child/children are at substantial risk of bodily harm
- When the child/children are at risk of sexual abuse
- When the child/children are at risk of removal from the state to avoid authorities or court oversight
For example, if you feel your spouse is getting ready to pack up and flee the state to avoid losing custody, a temporary emergency custody order may be in order.
Will You Get Custody Under A Temporary Emergency Custody Order?
Who the court awards custody under a temporary emergency custody order varies from case to case and state to state. The court will issue the order to protect the child's best interest.
The best interest may mean placing custody with you, but it could mean placing custody with someone else. This decision is especially true if you are involved in an abusive environment or the court feels you cannot protect your child from imminent harm. Just because your attorney files for the order does not guarantee you custody.
What Does The Court Require To Issue A Temporary Emergency Custody Order?
To grant a temporary emergency custody order, the court requires the filing of a motion for an Ex Parte Emergency Custody hearing. While a child custody attorney normally files this motion, some courts provide the documentation you need to do it yourself. Filing without an attorney is not advisable, as there are legal language and procedures involved that you need to understand and abide by.
Once the court receives the motion, the court holds an Ex Parte hearing. At this hearing, the other party is not present. The judge will solicit information about the case and then make a ruling. Remember, this order is only temporary. The court will also schedule a hearing with all parties present within a few days or weeks of issuing the interim order.
For more information, contact a company such as the Law Office Of Michael A Simmons PLLC.