Obtaining Emergency Temporary Custody of Your Children

In many custody proceedings, whether through divorce, modification of custody, or simply establishing initial child custody and parentage, there are emergency circumstances where a father can — and should — ask the family court to grant him emergency temporary custody over his minor child.

What is Emergency Temporary Custody?

An emergency temporary custody order is a legal mechanism a parent can use to quickly resolve a serious issue with an existing custody arrangement. Typically reserved for serious situations, the parent must provide evidence that their child faces immediate risks associated with a harmful situation or is in danger of being abducted by the custodial parent.

Emergency temporary custody orders can be issued within days or weeks after filing. If the situation is very urgent, a hearing may take place within hours. This hearing is likely to be held ex parte, meaning your child’s other parent may not be in attendance to present their side. If the judge agrees that the well-being of your child is at risk, your temporary custody petition may be granted.

Common Reasons to Seek Emergency Custody

To be granted emergency custody of your child, you’ll need to have just cause for a court to intervene and change a permanent custody order, giving physical custody to the non-custodial child’s parent. Common reasons that courts grant emergency custody include:

• Child abuse
• Child neglect
• Domestic violence
• Custodial parent’s arrest for DUI, drug use, or another serious crime
• Sex offender residing in the home
• Custodial parent’s physical or mental health condition
• Risk of the mother abducting the child

This is not a comprehensive list of immediate dangers, nor does it mean these reasons apply in all U.S. states. Always check with your attorney to determine if the reasons you want to apply for changing a child custody order are applicable in your state.

How Do I File a Temporary Custody Order?

In most states, a father can file a pleading with an attached affidavit asking the court to grant him emergency temporary custody before having to go to court or even giving notice to the other party if there is a serious risk of immediate harm to the child if they remain in the care and control of the mother.

However, in many states, if the father files this pleading and affidavit and the judge signs it, the father must get the mother served as soon as possible because the judge will immediately schedule a hearing on the matter within a short period of time of issuing and signing the order for emergency temporary custody.

Talk to your attorney to learn about your state’s process for filing a temporary custody order.

Tips For Dads Seeking Emergency Custody

The best advice to fathers wishing to obtain an emergency custody order is that if you see or find out that the other parent is doing something that would warrant filing an emergency custody pleading, contact a lawyer immediately — do not wait.

Too often, judges have not granted this emergency custody at the hearing because this “emergency” circumstance occurred months ago, and the father’s neglect to file anything right away shows to the court that it was not truly an emergency.

The second piece of advice to fathers wishing to obtain emergency temporary custody would be to wait until he has a scheduled visitation with the minor child when the judge signs the order so that they don’t have to track down the mother or get the police involved.

If that is not possible or feasible, then have the judge-signed order granting you emergency custody with you at all times and contact the police when you pick up the child from the mother’s location.

How Long Does a Temporary Child Custody Order Last?

There is no single answer to this question, as it will depend upon the circumstances of the case and the issues that necessitate a change in custody. A temporary order typically remains in effect until a court:

• Ends the order
• Modifies the order
• Issues a final order

Some emergency orders will have an expiration date attached to them.

Why Choose Cordell & Cordell

The attorneys at Cordell & Cordell have experienced firsthand the challenges men face in the family court system. Men may face many unfair custody agreements that negatively impact them and their children.

Our attorneys are trained litigators prepared to take a case to court when necessary. If you believe your child is facing danger or if your ex is threatening to take your child away from you permanently, you have parental rights and can fight back. Cordell & Cordell will staunchly advocate for you in custody and domestic matters, including protective orders.

Testimonials

“So thankful I found Cordell and Cordell in Charlotte. Never thought I would need their services and was clueless of what I needed to do. Danielle and Stephanie were amazing while guiding me through the most difficult time of my life. Their guidance literally helped me not only get through the divorce process but made me understand that life will continue and I needed to protect my future. I will always be thankful for their work with my case.” — Scott C.

“Monica Schuring represented me in my divorce and custody battle and always looked out for my best interest as a father. I hopefully will never need them again, but I know they will be there if I do.” — William H.

Don’t Hesitate About the Safety of Your Children

The safety of your child is of the utmost importance. If the custodial parent is putting them in danger, it is extremely important for you to take action to adjust the current custody arrangement and remove them from that environment.

Please contact an attorney if you have serious concerns about your kids’ welfare. To speak with a member of our team, call Cordell & Cordell at 866-DADS-LAW (323-7529) or fill out our online contact form.

As a service to our clients, Cordell & Cordell also offers informational eBooks, podcasts, and town halls.