A child custody case can last several months.Sometimes a determination must be made more quickly to protect the health and safety of the child or children in question.If you believe the child is in danger, every state has provisions for temporary or emergency child custody.A full hearing on the underlying custody case is required for emergency custody to last.You should consider hiring an attorney or at least consulting one before you start.
Step 1: Understand what an emergency is in your state.
Emergency orders aren't usually granted absent immediate danger to the child.Children can suffer traumatic effects from temporary custody orders, which can violate the other parent's due process since the judge grants them without hearing from them.Courts require a real emergency to consider emergency petitions, which are typically defined as a substantial risk of physical or sexual abuse or neglect while with the current caretakers.If you have reason to believe the other parent will take the child to another state without your consent, an emergency order may be granted.If you have an urgent situation that requires custody to be resolved more quickly than normal but the issues don't rise to the level of an emergency, some jurisdictions provide an expedited process.
Step 2: The limits of an emergency custody order should be reviewed.
Emergency custody orders are usually used to remove the child from imminent danger.You have to go through a full custody case to get a permanent order if the judge grants your emergency petition.An emergency order won't last forever.If your emergency petition is granted, the court will schedule a hearing as soon as possible to review testimony and evidence from both sides regarding permanent custody of the child.Even if the judge denies your emergency petition, you can still file for permanent custody.
Step 3: Make sure you are the right person to file the petition.
Only a parent, grandparent, or legal guardian can file an emergency custody petition in most states.Make sure you speak to your attorney or someone at your local self-help center if you want to file.If you are not allowed to file an emergency custody petition to gain temporary custody of the child, you can call local law enforcement or the nearest child protection agency.
Step 4: Take the appropriate court into account.
You have to file your petition in the county where the child lives.You can find the court that deals with child custody on the website of your state's highest court.It can either be a family court or a general jurisdiction court.Someone in the civil court clerk's office can help you figure out which court you need to use.
Step 5: The forms need to be completed.
All you have to do is fill in the blanks on the pre-prepared forms.The forms can be found on the court's website, at your local clerk of court, or at family law self-help centers.An emergency custody petition, an emergency pick-up order directing local law enforcement to take custody of the child, and a summons or citation are typically included in a packet of forms.In some states, you can use an online program to create tailored documents.
Step 6: You can sign your petition in front of a person.
If you want to file a petition in a state, you need to sign it in person.After you have signed and notarized the documents, make copies of them.If you don't know where to look, ask at the clerk's office.A fee will be charged for his/her services.
Step 7: The clerk of court can help you with your documents.
The originals of your documents should be given to the clerk for filing after you sign them.
Step 8: The filing fee is paid.
Expect to pay at least a hundred dollars.If you are filing an emergency petition, the court may charge you an extra fee.The fee can range from $50 to more than a hundred dollars.You can apply for a Waiver if you can't afford the fees.You will have to pay the filing fee if the judge does not grant the waiver.The documents will be stamped with the clerk's initials after the fees are paid.The clerk may be willing to stamp your copies as well.Attach the stamped sheets to your copies by making copies of them.
Step 9: If necessary, go to the emergency hearing.
The judge will want to speak with you to find out more about the risk to the child.Emergency petitions are usually addressed the same day they are filed.Even if the judge asks critical questions or denies your petition, be honest and respectful.If the judge grants your petition, he will sign the emergency order and the order for law enforcement.As soon as possible, the court will schedule a full hearing to allow the current caregivers to respond to your allegations.When the judge signs the order, the clerk will issue a summons or citation.There will be an additional fee for this.
Step 10: Pick up the child.
Local law enforcement picks up the child after the judge signs the order.If you attempt to pick up the child yourself, you risk violating laws against the kidnapping and removal of children by non-custodial parents even if you have a court order.Once the child is in your custody, you will be contacted by law enforcement.
Step 11: The other parent should be served.
You can't do this on your own.The clerk's office may have a list of process server in your area.The other parent needs to be served at least two weeks before the hearing.If you need to get the documents served more quickly, the judge will tell you.You have to make additional copies of the documents you filed to serve on the other parent.After you've had the other party served, some courts require you to file proof of service.In some courts, the process serving company will file the proof with the clerk's office.If you're not sure, ask at the clerk's office.
Step 12: Take part in the pre- trial discovery process.
Both sides will gather information before the hearing.If you haven't already done so, you should consider hiring an attorney to help guide you through the process.During the discovery process, you can require the other party or potential witnesses to provide you with copies of documents, allow you to inspect items or property, or require them to answer written or oral questions under oath.The other party or the child may be required to undergo psychological testing by a professional.The professional would make a recommendation to the court as to what was in the best interests of the child.If you want witnesses to come to the hearing for questioning, you need to issue subpoenas.If you want to send the subpoena to the witness using registered or certified mail, you will have to pay.
Step 13: Any necessary disclosures should be made.
Throughout the case, both parties must make certain disclosures to each other and to the court about expected witnesses, exhibits and evidence to be presented.If the child's support is at issue, the court may require financial affidavits.Pre- trial disclosure gives both sides the chance to object to the evidence if necessary.If you fail to give evidence or witnesses within a certain period of time before the hearing, you can't present them.
Step 14: Comply with all mediations.
A lot of states require mediation in family law cases.A neutral third party works to bring both sides to an agreement on the issues in a less formal environment than court.Rules regarding witnesses and evidence tend to be more relaxed in the courtroom setting, and the parties work together to find common ground.A judge can excuse a case from the mediation requirement if he believes there is a risk to either party.In emergency situations, mediation is usually not needed.
Step 15: Attend the hearing
Arrive in court at least 15 minutes before your hearing.If you have hired an attorney, he may want to meet with you before the hearing for some last-minute preparation.If possible, wear a suit or dress.If you only have casual clothing, make sure it is clean, not revealing, and has no offensive slogans.When the judge asks a question, speak only to him.Don't speak to the opposing party or interrupt the other party.The judge will listen to each party's arguments and give them the chance to present evidence, witnesses and exhibits to back up their claims.The judge will make a decision after both sides have rested their cases.The judge will sign the final order if the party who wins is responsible for it.You should bring a draft order to the hearing.
Step 16: Get the order.
You can get a certified copy of the signed order from the clerk once the judge signs it.It is possible that you will have to pay a fee for this copy.You have 30 days to file a notice of appeal if you disagree with the judge's ruling.