State law in Texas recognizes that, in most cases, joint custody is the best option for children after their parents divorce or get separated. However, there are times when one parent may believe the other parent is a danger to their child’s safety. In these instances, you can petition the court for an emergency custody order. Without a full understanding of the law or how the process works, it can be overwhelming. Below, our McKinney child custody lawyer explains in further detail.

What are Emergency Custody Orders?

Emergency custody orders are temporary court orders. They are granted to a parent when they believe the other parent poses an immediate danger to their child. Parents can obtain an emergency custody order when they believe the threat to the child’s safety is imminent and there is no time to wait for a permanent child custody order. Courts grant emergency custody orders for many reasons, including:

• Neglect or abandonment
• Substance abuse
• Physical, emotional, or sexual abuse
• Mental health issues
• Threat of parental kidnapping

Courts understand the urgency in these cases, and so, they try to move as quickly as possible. Some courts will issue an emergency custody order on the same day the petition and supporting documents are filed with the court. Others will take longer to review the documents. After the order is granted, it is enforceable by local law enforcement immediately. If a parent fails to comply with the order, they may face criminal consequences.

Emergency custody orders are only effective for 14 days. Before the order expires, a full custody hearing should be held to determine whether the order should be extended, modified, or dismissed. Without another hearing, the temporary emergency order will automatically expire after 14 days.

How to File an Emergency Petition in Family Court

There are many steps involved in obtaining an emergency child custody order. They are as follows:

• File the petition and affidavit: The first step is to file the petition and the affidavit with the court. The petition asks the court to grant an emergency custody order. The affidavit is a statement showing that the child is in imminent danger.
• Attend the ex parte hearing: After you have filed the above documents, you must then attend a hearing, which is usually ex parte. The term ‘ex parte’ refers to the fact that only one party attends the hearing. A judge will then review the submitted documents and determine whether there is sufficient evidence to issue an emergency order without hearing the other side’s story.
• Serve the order: If the judge issues an emergency custody order, it must be served to the other parent so they understand its restrictions. A law enforcement officer or process server can serve the other parent.

The process of obtaining an emergency custody order is very stressful. There is a lot at stake, and one small mistake could greatly hurt your case. A McKinney child custody lawyer can help you navigate it and give you the best chance of a favorable outcome.

Evidence Needed when Petitioning for Emergency Custody

Due to the restrictive nature of emergency custody orders, you must provide strong and sufficient evidence showing why an order is necessary to protect the child’s safety and well-being. Some of the strongest types of evidence in these cases include:

• Police reports: Evidence of abuse, domestic violence, or a history of law enforcement involvement can establish the need for an emergency custody order.
• Medical records: Medical records can provide evidence of neglect, injuries, or other conditions that affect the child’s well-being.
• Witness testimony: Testimony from neighbors, teachers, family members, or other witnesses can confirm there is a danger to the child.
• Pictures, text messages, and emails: Written and visual evidence can demonstrate injuries, threats, and dangerous conditions.
• Reports from CPS: If Child Protective Services has taken action in the past or investigated, any reports written afterward can provide additional evidence.
• Other legal actions: Previous legal actions, such as restraining orders or other court orders, can establish an ongoing risk to the child.

A McKinney child custody lawyer can review the facts of your circumstances and determine which type of evidence will strengthen your case.

What Happens After an Emergency Custody Order is Issued?

Again, emergency custody orders are temporary solutions that are meant to provide quick relief and protection. Even after obtaining an emergency order, you will have to take additional steps to arrange for permanent custody. There are many possible steps that may be involved, and they include:

• Seek a permanent custody solution: Your lawyer will work to convert the temporary custody order into a permanent, or at least long-term, arrangement that protects the best interests of the child. To support your case for permanent custody, you may have to present evidence and attend additional court hearings.
• Developing a parenting plan: Depending on the facts of your case, the court may order that a parenting plan be created to outline the rights and responsibilities of each parent. This includes decision-making authority, visitation schedules, and other critical aspects of co-parenting.
• Child support orders: If child support has not yet been ordered, the court will likely issue an order requiring the non-custodial parent to pay child support to ensure the child is cared for.
• Court hearings: During the process of obtaining an emergency custody order, you may have to attend court hearings to address any issues or concerns, provide updates, and ensure that the top priority is the safety of the child.

Call Our Child Custody Lawyer in McKinney Today

Emergency custody orders are sometimes necessary to protect a child from imminent danger from one parent. However, they are not easy to obtain. At The Draper Law Firm, P.C., our McKinney child custody lawyer can help you navigate the process and collect the necessary evidence to prove your case so you obtain the most favorable outcome. Call us now at 469-373-8603 or contact us online to schedule a consultation with one of our experienced attorneys and to learn more about how we can help you and your child.