If a parent is looking to obtain emergency custody of their child, there are a few steps they need to follow. It is important to note that obtaining emergency custody is typically only done when the child is in danger. In other words, there needs to be a valid reason to go to court and ask for emergency custody. Once a parent has decided to request emergency custody, these are the steps they must follow:
- Have their attorney file an official request for the emergency custody order by providing the attorney with all relevant details, including why you believe your child is in danger, and work with the attorney to fill out the forms.
- From there, your attorney will notify the other parent and then notify the court that the other parent has been made aware of the emergency order request.
- If there is a written agreement between you and the other parent regarding child custody, make sure you give it to your lawyer.
- Make copies of any forms about to be submitted to the judge so you have them for your records.
- The attorney will then file the forms on your behalf to the courts and find out when to pick up the documents. The judge will consider the forms and information provided. They may then issue a temporary order which will be returned to you and the lawyer.
If a court proceeding is issued by the judge, the lawyer will serve the other parent to inform them of the court appearance.
What Happens After Filing for Emergency Custody?
The judge will decide if an emergency custody order is needed for the well-being of the child. The judge may also put in place certain stipulations, such as no contact or limited visitation under supervision until the case is presented in the courtroom. There will most likely be a court hearing to finalize the custody arrangement. Your lawyer will represent your claims and custody request and the judge will determine the ordered outcome for the child and parents.
What If You are the Other Parent?
In the event that one parent files for an emergency custody order, the other parent should aim to cooperate, seek legal counsel, and ask to present your side of the situation to the court. Your lawyer will represent you and your wishes for child custody to the court. If it is possible to have your attorney negotiate with the attorney of the other parent to reach an agreement or understanding, doing so prior to the court date may help you avoid loss of custody or other ramifications.
How a Family Law Lawyer Can Help
This is a process where a lawyer is a necessary part of the process. They will be able to answer any questions, get the forms filled out correctly, represent you in front of the judge, and negotiate with the attorney of the other parent on your behalf. A family law lawyer is familiar with child custody cases which makes them a smart ally to have in your corner. Contact our law firm today at (310) 271-7675 for more information on how we can help.