A contested divorce could take up to a year or more, depending on the complexity of the parties’ situation. There are circumstances in which you cannot wait that long to resolve a problem that demands urgent attention. For instance, when there is a parent who feels that their child is in danger when the child spends time with the other parent. The families involved in these cases cannot afford for the safety of the child to wait the several weeks or months it takes to get a hearing scheduled before the court.
Motioning the court for emergency custody is how a parent can gain immediate but temporary custody of their child. Though this option exists, it only applies to a limited number of cases. However, if you understand how to file for emergency custody while also having a command regarding when it can be used, you will have a powerful tool to keep your children safe at a time when they need it the most.
Pursuing Emergency Custody
It is essential to know that temporary emergency custody will happen ex parte. In other words, if you file for emergency custody, the other parent will not be present at the hearing. That means that the other parent will not have the opportunity to refute, deny, or explain any accusations. This, in essence, is denying the other parent’s right to due process for the sake of a child’s safety. The court takes this extremely seriously and will not hear your case unless there is a true emergency.
What feels like an emergency to you may not constitute one that demands an emergency custody hearing. There needs to be an immediate threat to the child that could jeopardize their mental or physical health or well-being. For example, if the other parent has a substance abuse problem, then they may not be able to be the type of parent the child needs them to be to feel safe.
Furthermore, parental kidnapping can happen during a divorce, while you are married, or even after the divorce has been finalized. There are federal laws that prohibit this. If one parent threatens to abduct the child to relocate to another state (or country), you would have the ability to file for emergency custody.
C. Alvarez Law
Contact C. Alvarez Law and schedule a consultation to discuss the issue of child custody further. We are well accustomed to handling cases involving post-judgment modifications. When circumstances change and your custody arrangement is no longer in the child’s best interest, you have legal options to consider. Allow us to represent you and keep your child safe.
C. Alvarez Law
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