How to File for Emergency Custody

If you think your child is in “immediate danger” of being harmed or becoming removed by the state, you could petition a decree for emergency child custody. The circumstances that you are seeking emergency custody without a doubt are far from perfect. You might be concerned, stressed, and/or mad, etc. Luckily, the process of filing for emergency custody comprises of only a couple of forms.

Preparing to File for Emergency Custody

1. Understand Emergency Custody

• Recognize that typical custody determinations take months.
• Emergency custody may be necessary in urgent situations.
• Criteria for emergencies are defined by state regulations.

2. Criteria for Emergency Custody

• Emergencies typically involve “immediate danger.”
• Immediate danger may include domestic violence, sexual abuse, or inadequate supervision.
• Courts may intervene if a child is about to leave the state.

3. Temporary Nature of Emergency Custody

• Emergency custody is not a permanent arrangement.
• A formal hearing may not take place immediately.
• A later official hearing, with both parents present, is required for permanent custody.

4. Eligibility to Seek Emergency Custody

• Check state laws to determine eligibility to petition for emergency custody.
• Typically limited to parents or individuals in loco parentis.

5. Understanding “In Loco Parentis”

• In loco parentis refers to acting as a parent without legal parenthood.
• Demonstrating the assumption of parental roles and responsibilities.

6. Gather Evidence of Emergency

• Collect evidence demonstrating immediate harm.
• Document discussions, gather emails, and notes.
• Useful not only for emergency custody but also for potential full custody later.

7. Consult with an Attorney

• If time allows, meet with an attorney for guidance.
• Attorneys may offer “un-bundled services” for specific needs.
• Some areas provide counseling/legal help at no cost.

8. Seek Attorney’s Assistance

• If confused or in a time-sensitive situation, seek an attorney’s help.
• Find a local family attorney through yellow pages or online searches.
• Do not delay seeking assistance, especially if immediate action is required.

Completing The Forms

1. Locate the Proper Court

• Identify the county where your child resides.
• Visit your state’s Supreme Court website.
• Look for links to “court locations” or “locate my court.”

2. Review Local Regulations

• Check state and local regulations governing motion practices.
• Find the regulations on the court’s website.
• Search for terms like “emergency hearing” or “ex parte hearing.”

3. Gather the Forms

• Request preprinted “fill-in-the-blank” documents from the superior court or online.
• Common form names include “Temporary Emergency Court Order,” “Motion and Affidavit for Emergency Ex Parte Order,” and “Petition for Emergency Relief.”

4. Visit the Courthouse Website

• Download forms from the court’s website.
• Call the clerk to confirm which documents are needed for emergency custody.
• If required, file any prerequisite motions before the emergency custody motion.

5. Consult with Court Clerk or Attorney

• Inquire with the clerk about required documents.
• Seek legal advice if needed.
• Inform the clerk of any previously filed motions.

6. Read Instructions

• Each document comes with instructions.
• Thoroughly read and understand the instructions before filling out the forms.

7. Fill Out the Forms

• Complete the forms accurately and fully.
• Type information into blue fields if downloading the form.
• Provide details such as your full name, address, other parent’s details, and reasons for the motion.

8. Caution on Allegations

• Only allege what can be proven with evidence.
• Avoid claims without proof to prevent contempt charges and court fee liabilities.

9. Seek Assistance

• Utilize self-help centers or family law assistants at the courthouse for guidance.
• Contact or visit to inquire about available assistance with form completion.

Source:

1. Clinton M. Sandvick, J. (2019, November 27). How to file for emergency custody. Retrieved March 09, 2021, from https://www.wikihow.com/File-for-Emergency-Custody