Custody battles can be lengthy, complex, and can sometimes get ugly. If you fear that your child is in danger with their other parent during your current custody agreement, you may choose to file an emergency custody request with a judge to remove them from a harmful environment. An emergency custody order is temporary but important in keeping your child safe. If you need assistance during your child custody case, contact an Oakland County child custody lawyer for help.

What is an Emergency Custody Order?

An emergency custody order is a change in custody of a child due to unforeseen circumstances. A parent may decide to ask a judge for an emergency custody order if the child is in imminent danger. Typically child custody decisions would be made in court at a preplanned hearing. However, custody court can be time-consuming and take months to resolve. If your child is in danger you can’t wait months to get a hearing and come to an agreement. If the judge determines your request is valid they may grant it to you immediately to get your child out of harm’s way.

Who Can File?

It is not only parents who may petition the court for an emergency custody order, though that is the most common situation. One parent may file an emergency order to take the child away from the other parent, but grandparents, other relatives, and even non-family members can file if they see that the child is in a dangerous situation and need to get them out of it.

When Should I File for an Emergency Custody Order?

It is not easy to decide to request an emergency order, and a judge will not approve them for no reason. You have to be able to demonstrate that your child is in danger with their other parent and that waiting extensive periods for the hearing could be hazardous. If you are wondering whether or not you should file for an emergency custody order, you need to ask yourself if your child is in danger or not, and if remaining in the current custody agreement will cause them harm. Some reasons you may wish to file for emergency custody can include if the other parent is causing your child to endure:

  • Abuse
  • Neglect
  • Abandonment
  • Exposure to dangerous substances

If any of the above is true, it could be detrimental for your child to stay in that environment. You may also file for emergency custody if the other parent is denying your parental rights. If they will not let you see your child and you’re unsure if they are safe, it could be cause for concern. Additionally, any breach of the current custody agreement could be grounds for an emergency order such as taking the child out of the state or country without permission. If the other parent becomes incarcerated or held in police custody you may also need to acquire custody of your child.