How to Get Emergency Custody of Children

There are numerous events that could warrant emergency custody of a child. Emergency custody is often pursued in cases of abuse, imminent danger, threats toward a child, abandonment and parental substance abuse. Emergency custody is only granted in exigent circumstances and should only be pursued in serious situations.

Who are you going to call?

Knowing who to call in a crisis is incredibly important. If you are aware of a serious, or immediate, threat to your child you should immediately call the family court system in your state. Each state, county, or municipality handles family law issues differently so it is important you contact the clerk of the courts to determine which court would have jurisdiction of your child custody issues.

Document, document, document

It can not be said enough, having documented proof of your claims is vital to your success in a courtroom. Documents in an emergency custody hearing could include medical records, police reports, Child Protective Services records, child psychiatrist evaluations, prior parental convictions, protection orders or the like. Having relevant proof on your side will increase your chances of success before the judge.

Cross your t’s and dot your i’s

Because of the circumstances in which you are filing for emergency custody you are not required to notify the other parent involved. You will need to fill out the petition carefully and it will ask for identifying information for yourself and your child as well as the detailed description of why you are seeking emergency custody. Honesty is always the best policy and any documentation, or evidence, you might have, only strengthens your case. When you speak with the appropriate court you should verify the documentation process and ensure if you need to make copies and send the forms or if you just need to bring them to court. Making sure you follow all requirements is imperative to your success.

If you find yourself in the pursuit of an emergency custody order it is important to remain calm and collected. Your child needs you focused, efficient and expeditious in your pursuit of protecting them. Remember, an emergency custody order is only temporary. You must be prepared to file for a permanent custody change and being focused and prepared will set you up for success in that endeavor as well.