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