Can I file for emergency custody if the other parent has custody?

If the other parent already has custody, may I request emergency custody? What are the requirements and stages in this process?

1 Like

Yes, you can file for emergency custody even if the other parent currently has custody. Emergency custody is typically sought when a child is in immediate danger or facing a significant threat.

Requirements for application include:

  • Immediate danger: You must demonstrate that the child is in immediate danger of harm. This could include situations like abuse, neglect, or a threat of kidnapping.
  • Evidence: Gather evidence to support your claim. This can include photos, medical records, police reports, or witness statements.
  • Legal standing: You must have legal standing to file for custody, meaning you are a parent or someone who has acted in a parental role (in loco parents).

Steps to apply for emergency custody

  • Prepare the petition: Complete the necessary forms for emergency custody. These forms can usually be found on your local courthouse’s website.
  • File the petition: Submit the forms to the family court in the county where the child currently resides.
  • Ex parte hearing: In many cases, an ex parte hearing (without the other parent present) will be held to determine if emergency custody should be granted immediately.
  • Temporary order: If the judge finds sufficient evidence of immediate danger, a temporary emergency custody order will be issued.
  • Full hearing: A full hearing will be scheduled later, where both parents can present their case. The court will then decide on permanent custody arrangements.