If you believe your child is in immediate danger of harm or being removed from the state, you can seek an order for emergency child custody.The circumstances in which you seek emergency custody are not ideal.You could be worried, stressed, and angry.The process of filing for emergency custody consists of only a few forms.
Step 1: Emergency custody is something you should know.
Custody determinations can take months to make.Legal and/or physical custody will be awarded at the end of the process.Sometimes emergencies require that a child be removed from a parent's custody.State statutes determine what qualifies as a sufficient emergency.Unless the child is in immediate danger of harm or about to leave the state, courts won't remove them.Immediate harm can be domestic violence or sexual abuse.When a parent leaves a young child alone at home while he goes to the store, it may be a failure to supervise.Emergency custody is temporary.You don't have permanent custody of the child if you petition the court for emergency custody.A full, formal hearing will not be held because time is of the essence.Emergency custody can be granted without a hearing.There will be a hearing with only the parent petitioning for emergency custody in attendance.The court will hold a full formal hearing with both parents present before awarding permanent custody.
Step 2: You should check to see if you can get emergency custody.
There is a limit on who can petition the court for emergency custody.You need to be a parent in order to petition the court.Although you are not a legal parent, you have acted as a parent and taken on the responsibilities of parenthood.
Step 3: Evidence of an emergency should be gathered.
You must show that the child faces immediate harm in order to be awarded emergency custody.Should you seek full custody, you will want to know this information as well as your petition for emergency custody.
Step 4: Meet a lawyer.
Try to meet with an attorney if you have time.A stable sounding board can be an attorney.Some attorneys will provide limited services such as document preparation, legal advice, or coaching for a flat fee if costs are a concern.There are places that offer legal help for free.If you are confused about how to proceed, you should seek the assistance of a lawyer.If you want to find an experienced, local family lawyer, you can search your yellow pages or use the internet.Do not wait to talk to a lawyer if you must file.
Step 5: The correct court is found here.
You need to locate the court where your child currently lives to file the motion.You can find the appropriate courthouse on your state's supreme court website.If you want to search for Supreme Court in your state, type it in.You can click on your state after visiting this website.Links to "Find Your Court" or "Court locations" can be found on your state's Supreme Court website.
Step 6: Understand the local rules.
State and local rules govern motion practice.If you don't abide by them, your motion may not be heard.The local rules can be found on the court website.The rules can be lengthy, so if you use the CTRL+F you can find the part you're looking for.
Step 7: Obtain the forms.
You need to petition the court for emergency custody.The court will often have pre-printed forms for you to fill out.The forms can be obtained from the superior court in the county where your child lives or on the internet.Depending on the court, the forms go by different names.There are as many different names as there are courts.You can file the forms at the website.The forms can be downloaded from the website.You should still ask the clerk what forms you need to fill out.The clerk should be able to tell you what forms you need in order to get emergency custody.You may need to fill out more than one form.You may be required to have a regular motion for custody pending.You will have to file the other motion first.It is important to tell the clerk what you have filed.If the court clerk can't help you, or you're confused as to what to fill out, you should seek the help of an attorney.
Step 8: The instructions should be read by you.
Instructions should be included in each form.If you read the instructions first, you will know what to fill out.
Step 9: You have to fill out the forms.
The forms need to be filled out completely and accurately.You can type your text into the blue fields if you download the form.Black or blue ink can be used to fill in the forms.You will need to give the following information: your name and address, the other parent's name, and the reason why you are seeking the motion.You should only claim what you can prove with the evidence.If you don't have proof that the child is in immediate danger of physical harm, you should not make that claim.You could be held in contempt and ordered to pay court fees.
Step 10: If you need assistance, you should get it.
If you need help filling out your forms, you can go to a self-help center or the family law facilitation at the courthouse.If you stop in, you should ask if anyone is available.
Step 11: You should go to the courthouse.
The forms must be filed in the superior court.You got the forms at the courthouse.
Step 12: The forms should be filed.
Attach a copy of the written custody agreement you have with the other parent.Attach any documentation that supports your contention that the child is in immediate danger.If attaching information is allowed, read the form carefully.You should be prepared to pay any filing fees.Call to find out how much the filing fee is and what payment methods are acceptable.When should you return to pick up the order?Emergency custody can be decided without a hearing by a judge or hearing officer.Emergency custody will be given to you in those situations.The judge or hearing officer can schedule a hearing for that day or the following day.To know when to appear before the judge, you need to stop in and ask for the day and time.
Step 13: Get the order.
This information will be on the order that you pick up if the court schedules a special hearing.You have to serve the other parent.There are two copies for your records and one for the other parent.
Step 14: Inform the other parent.
You have to inform the other parent of the hearing.Different courts have different ways of serving notice.What is acceptable to ask the court clerk.You should be able to serve notice using the police.For a small fee, the sheriff/ police will serve the other parent and fill out a form that shows service was done.You can mail notice in some courts.If the court allows, you will have to pay postage on the forms if you send them by mail.
Step 15: Prepare to argue.
You may have to explain to the court how the child faces immediate harm in order to get temporary custody.The other parent will not be present at the hearing.You may have experienced a trial when the court decided on custody.
Step 16: Bring evidence.
If you have evidence that supports your case that your child is in danger, bring it to the hearing.Unless there is evidence of abuse, judges are unlikely to grant emergency custody orders.Your child's medical records can be used to support your argument.
Step 17: Take your case to the next level.
In a calm, clear voice, give the evidence to the judge and answer any questions he has.If you want to admit the document into evidence, state that.You should mark your documents.A, B, C, or Exh.The judge is likely to give a temporary order at the end of the hearing.Until the final order is issued, this temporary order will be in effect.