You file for an emergency custody order because your child is in immediate danger. Typically, this is filed by one parent when they believe the other parent is a danger to a child.
What situations might justify an emergency custody order?
Typical situations in which you could file an emergency custody order include the following:
- Someone is abusing the child: This does not need to be the other parent. It could be anyone living with them, or who somehow has access to the child when they are with that parent.
- The other parent has abandoned the child: Maybe you call your child, and they let you know that their mom with did not come home last night and they have no idea where she is
- The child is in a dangerous situation: You might hear a rumor that people are injecting drugs in the other parent’s house where your child is staying.
- You fear the other parent is suffering a breakdown: Maybe your child mentions that their dad has been acting strange and talking about killing himself. You need to get your child away from there as fast as possible.
You might be afraid of the consequences that filing for emergency custody could bring. It could anger the other parent and lead to a legal battle or worse. However, if you believe your child is in imminent danger, you cannot afford to delay.
Do not take matters into your own hands. Seek legal help to increase your chance of success. An emergency order gives you legal backing to protect your child. It is temporary, and the judge will set a date to review it. The important thing is to get your children out of danger immediately.