Emergency And Temporary Custody Orders

Typical child custody orders are handed out by a court – such as during a divorce case – but they can take months. This isn’t always optimal if there’s an emergency situation or if a temporary custody order is needed. There are steps that can be taken to obtain a valid custody order much more quickly.

At The Sparrow Law Firm, PLLC, you can get experienced and personalized legal guidance as you navigate this process. Our lawyers will advocate for you when you need it most and put your child’s best interests first. You can book a completely free initial consultation with a child custody attorney to get this process underway.

When Would A Temporary Custody Order Be Needed?

A temporary custody order is just a short-term court order defining who has custody rights over the child at that time. This could be used during the divorce process, for example. Parents will eventually figure out shared custody, but the temporary order can ensure the children have stability during the months the divorce takes.

An emergency child custody order may also be needed. For instance, if one parent is relocating, the other parent may need to have custody until everything gets sorted out. If there’s a medical emergency, legal custody may need to be defined so that parents can make important healthcare decisions.

Furthermore, emergency custody orders are sometimes used if there’s a safety issue regarding the child. For instance, perhaps there are allegations of domestic violence or substance abuse, or maybe there are mental health concerns. The court can issue a temporary order to give the other parent custody while these issues are addressed.

The Legal Process Of Obtaining A Custody Order

You do have to file the proper petition to request a temporary order from the court. Part of this process involves demonstrating the reason for the custody order and providing evidence. This evidence could include witness statements, statements from the child, video footage or court rulings. For instance, if your ex was recently charged with driving under the influence, that could be used as evidence that they shouldn’t have custody rights because riding in a vehicle with them could be dangerous for the child. The burden of proof is on the parent who files the petition to show why this temporary order is needed.

Call For A Consultation

When you need experienced guidance as you explore your options, simply call 281-942-1508 or use the online contact form to set up a free consultation today.