3 Situation To File For An Emergency Custody Order

Law Blog

A child custody order is typically approved by the court system when a married couple divorces, a non-married couple who shares a child ends their relationship, or paternity is determined in a situation where a mother and father of a child are not in a relationship. However, there are situations where custody arrangements can be changed and emergency custody order may be needed. Some common reasons for an emergency custody order include:

Suspected Abuse

If one parent has evidence that his or her children may be abused when spending time with the other parent, he or she can petition the court for emergency custody. In these types of cases, it is important for a parent to collect as much evidence as possible. If you notice that your child has bruises, cuts, or other injuries that can't be explained by normal activities after being with his or her other parent, make sure to photograph the injuries. 

In the event that your child says things that may suggest sexual abuse by their other parent or by a person who visits the other parent's home, try to avoid asking too many questions. The best thing you can do is call the police and allow them to help your child. A social worker or child psychologist will be able to work with your child to determine if he or she has been sexually abused, and their report will be helpful during the court hearing for emergency child custody.

Parental Drug or Alcohol Abuse

When a child is in the care of one of his or her parents, he or she should be safe and properly cared for. If one parent abuses drugs or alcohol while a child is in his or her care, the other parent may have a case for an emergency custody hearing. In this type of case, hiring a family law attorney can be very helpful, as actually proving substance abuse around children can be difficult without legal council.


If a custodial parent is arrested and taken to jail, a non-custodial parent may be able to file a petition for emergency custody of his or her children. Filing a petition for emergency custody can help ensure that the children are placed with his or her parent as opposed to a family member of the person in jail for the duration of the custodial parent's sentence. If you find out that the other parent of your children has been arrested and jailed, it is in your best interest to file a petition for an emergency custody order.

Contact a law firm, like Hertz & Kearns, for more help.


19 January 2018

File Chapter 7, and Keep Your Home

Many people assume that when they file Chapter 7 bankruptcy, they will have to give up their homes and other property. This is not necessarily the case. I am a bankruptcy attorney, and I have helped many clients file for Chapter 7 bankruptcy without giving up homes, cars, and other property. When you file for bankruptcy, the property you are allowed to keep depends on your individual circumstances and the state where you live. Most states allow exemption for property you are currently paying for. This blog will guide you through that information and help you determine if filing Chapter 7 bankruptcy is the right choice for you.