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Filing for Emergency Custody

The safety of your child is the most important thing in the world. Unfortunately, there are some situations that are serious enough to warrant a need for emergency removal of your child from the custody of the other parent. Every state has proceedings that handle emergency custody, but the laws vary from state to state regarding the amount of evidence necessary to permit emergency custody. In addition, emergency custody does not have a permanent impact on your child custody agreement, and another proceeding must be conducted to make permanent changes after you are awarded temporary emergency custody.

Conditions that Warrant a Petition for Emergency Custody

In emergency situations, a parent may petition a court that is different from the one which made the original custody ruling. Every state differs on how strictly they interpret the word “emergency,” but in general the conditions that qualify include:

  • Possibility of Sexual Abuse
  • Neglect, mistreatment, or abuse
  • Abandonment of the child
  • Child endangerment due to drug or alcohol abuse

While these are all very serious situations, a simple accusation without proof or evidence will not convince a court of the need for emergency custody. When you petition the court, you will need some of the following documentation to back up your claims:

  • Social worker reports
  • Medical reports
  • Psychological evaluations of your child
  • Reports from your child’s teachers or other adults with supervision over your child
  • Interviews between your child and a judge

When you file a petition with the court for emergency custody, the court will request the presence of the other parent, but it may conduct proceedings without them.

Contact Us

If you are dealing with an emergency situation that threatens the wellbeing of your child, a knowledgeable attorney can help you understand what steps must be taken to gain temporary emergency custody of your child. To speak with an experienced attorney today, contact the Colleyville emergency custody attorneys of Alexander & Associates at 817-756-4040.