When Can You Ask the Court for an Emergency Custody Order? How Can You Expedite the Process?
As part of a divorce proceeding, the parties may agree to terms of child custody or the court may make such a determination. Typically, once a custody order is issued, it’s fairly difficult to change or amend the custody arrangements. Nonetheless, because the best interests of the child are always paramount, there may occasionally be a need to immediately change the terms of custody in order to promote the child’s safety. When can a parent seek an emergency child custody order in Texas? What is the process for doing so?
What Are the Common Reasons for Requesting Emergency Custody in Texas?
A court will consider an urgent child custody order when there is evidence that a minor child of divorce is in immediate danger or risk of harm:
- A motion for an emergency custody order may be based on allegations of physical, emotional, or sexual abuse. Supporting evidence can be of past abuse or tangible threats of potential abuse.
- A parent may seek an emergency custody order upon evidence that a minor child has been or will be deprived of basic necessities, such as food, shelter, supervision, or medical attention, while under the care of the other parent.
- A request for an emergency custody order may be based on evidence that a parent has left the child unattended under circumstances that put the child’s well-being in jeopardy.
- If a parent can produce evidence of a credible threat or intent by the other parent to either take the child without permission or leave the state or country without authorization, the court may be willing to consider an emergency custody order.
- Danger or risk of harm also can be present when parents have mental health issues or substance abuse problems, or when domestic violence occurs.
How To File for Emergency Custody in Texas
To obtain an emergency custody order in Texas, you must first file a petition for a restraining order that prohibits the other parent from engaging in certain activities. The petition must be accompanied by an affidavit that sets forth the factual basis for the emergency order, i.e., the ways in which the minor child is potentially at risk.
When you file the petition and affidavit, the court will typically hold an ex parte hearing, meeting only with the party filing the petition. Based on the evidence submitted, the court will determine whether the emergency order is warranted. If so, the order will be issued and served on the other parent. The court must then hold a full hearing within 14 days, with both parents having the right to be present. After that hearing, the court will dismiss, modify, or extend the emergency order.
Schedule an Appointment With the Experienced Family Law Attorneys at Bailey & Galyen
At the law offices of Bailey & Galyen, we have worked successfully with clients in Texas family law matters for more than four decades. We have a thorough knowledge of the law and procedures related to emergency child custody orders, and we can help you understand your rights and options. For a free initial consultation with a proven Texas child custody lawyer, Contact us by e-mail or call our offices. Our phones are answered 24 hours a day, seven days a week.