Temporary Emergency Orders in Interstate Child Custody Disputes
In interstate child custody cases, jurisdiction over the case is provided to a so-called home state through a process detailed in the Uniform Child Custody Jurisdiction And Enforcement Act. However, this process does not exclude other states’ courts from intervening when necessary. These states may file emergency child custody orders when a child’s health and safety are threatened, and legal action needs to be taken.
What Do Temporary Emergency Orders Do in Child Custody Cases?
In some situations, immediate child custody modification may be necessary to help a child to get out of an unsafe environment until more long-lasting legal solutions may be put in place. Temporary emergency orders provide this opportunity, following these rules in the process:
- Orders may be filed outside of a child’s home state in cases of immediate need for change
- The order will last a reasonable amount of time before parents are able to bring the case back to the child’s home state, which retains regular jurisdiction over these cases
- Home states may override the temporary emergency order once a regular custody order hearing as occurred
- If the child has no home state or there is no custody order from the home state, that temporary order may become permanent
- If a child has no home state at all, the state in which the temporary order is filed may become that child’s home state
For parents needing to provide enforceable legal assistance for their children immediately, these temporary orders offer a powerful solution in comparatively little time.
Contact a Child Custody Lawyer in Colleyville
If your child needs legal assistance immediately to get them out of a dangerous parent or guardian’s household, you may be entitled to file a temporary emergency order even if your child isn’t in their home state. To learn more about this legal process and how we may be able to help you file in Colleyville, contact an attorney from Alexander & Associates, by calling 817-756-4040 today.