Custody orders typically take weeks, if not months, to establish. Parents have to wait for a hearing in front of a family law judge to resolve their disagreements about the allocation of parental rights and responsibilities.
In some cases, it may not be safe or appropriate for parents to delay custody concerns. Instead, they need to take action as quickly as possible because their children are in an unstable situation. Perhaps one parent was recently taken into police custody. Maybe the child called for help after spending hours alone due to abandonment.
Emergency custody requests can also follow attempts of parental kidnapping, abuse of a child or a parent’s substance abuse. One parent can request emergency custody when the other faces eviction or utility companies turn off heat or power to the home. In such scenarios, one parent needs to step up immediately for the protection of the children involved in the situation. What must a parent do to secure an emergency custody order?
The process begins with paperwork
Requesting an emergency custody hearing requires the submission of an Order to Short Cause document to the courts. The party filling out this document explains why emergency custody is necessary. They need to provide evidence of their claims.
Typically, requests for emergency hearings are treated as pressing issues. Parents can sometimes secure same-day hearings. Other times, they may need to wait a day or two to see a judge. Should a judge review the situation and determine that emergency intervention is necessary for the safety of the children, they can issue an emergency custody order.
Technically, emergency orders are temporary, but they do take immediate effect. The petitioning parent can immediately assume physical custody of the children. They can take the children back to their home and provide them with the care they need.
Emergency orders may lead to modifications
Emergency custody orders typically terminate the parenting time and control of the adult who failed to meet the needs of the children. Additional review is usually necessary to make permanent modifications to a custody arrangement.
An emergency custody order typically results in another hearing later at which both parents can present information about their circumstances. After that follow-up hearing, the judge can enter a new final custody order that may include restrictions on the parental rights and responsibilities of an adult who has failed to meet the children’s needs previously.
Parents seeking an emergency custody order often need help filling out paperwork, navigating the court system and properly advocating for their children. Having support when dealing with a challenging matter, such as an emergency custody order, can help parents give their children the love and support they need.