Going through a divorce is stressful. Aside from splitting your assets with your soon-to-be ex-spouse, you also need to sit through numerous custody hearings to sort out legal issues. These include but aren’t limited to custody allocations, visiting schedules, financial support and other terms concerning your child.

However, if you believe that your child is in danger while in the care of their other parent, you can file a request for emergency custody. 

No matter the reasons, situations where emergency custody needs to be considered are significant. So if you are in a position where you feel your child is in harm's way with your former partner and you are considering filing a request for an emergency hearing, it's best to know all the facts first. 

What Is an Emergency Custody?

Emergency custody happens when a child is considered not safe in their home and must be removed from the care of their parent. But you can't file this urgent petition without solid grounds. Here are the legitimate reasons for filing emergency custody requests:

• There is abuse in the child's home even if the abuser is not the former spouse
• There is drug use in the child's home even if the drug user is not the former spouse
• The former spouse refuses to let the other parent see the child
• The former spouse plans to leave the state with the child
• The former spouse is not giving consent to necessary medical care for the child

The individual seeking emergency custody must create an emergency motion with their legal team. A divorce attorney will help to start the petition with a report or a sworn statement supporting the motion. Once submitted, a judge reviews the petition and either approves or denies it. 

If approved, a hearing takes place within 10 to 12 days or as soon as the court's calendar allows it. Emergency custody motions are only denied if the petitioning party fails to properly allege an emergency. 

What Happens During the Emergency Hearing?

Most judges view emergency requests with skepticism. What constitutes an emergency is subjective - what is dire to you might not be so for everyone else. For this reason, the petitioning party and their divorce attorney should be proactive in gathering as much evidence as possible to substantiate the claims made on the motion. 

During the emergency hearing, your divorce lawyer should only present evidence related to the emergency custody request. Any information about your divorce is not relevant unless they are about the child. The party who requested the hearing will be responsible for presenting the evidence, which may include the following:

• Medical records
• Sworn statements by the parent, child and witnesses
• Police reports
• News reports
• Child protective services reports
• Text messages
• Photos
• Social media posts

Gathering evidence is a tedious process but it is a crucia exercisel, especially when the other party is uncooperative. For this reason, the expertise of a divorce attorney will prove to be highly beneficial. In addition, lawyers deal with these disputes daily, which means they have the right connections to collect all the necessary paperwork to build a strong case. 

Of course, the parent who is being accused is allowed to present counter-arguments, so your team must prepare solid and independent proof. After both parties have delivered their statements, the judge then issues a temporary order that lasts a couple of days or weeks to test if the new arrangement is beneficial to both parents and the child. Further investigation will be done as well. 

After the temporary order period, another trial takes place so the final verdict can be handed down. All things you presented during the previous hearings will have to be submitted again. In some child abuse cases, the judge may still permit limited supervised visitation to the abusive parent or may also order the offensive party to attend parenting or anger management courses.

Partner With an Expert Legal Team

The most effective way to obtain an emergency custody hearing is to let an expert divorce lawyer represent you in court. The legal team of John C. Mallios & Associates is highly adept in navigating the labyrinth of divorce and family law. For over 40 years, John C. Mallios & Associates has successfully represented numerous families in Texas and other states. 

Our team of professionals is always ready to fight your legal battles for you. We are proud to offer the expertise of a large firm but with the personal attention of a small one. You can count on us to answer and return your phone calls, and we are always ready to accommodate any concerns you may have. 

Call us today at (972) 938-1529. We offer a FREE and no-risk consultation to determine the service that fits your needs. Our team will give you a legal analysis at zero cost.