In this article, you can discover…
- The purpose and impacts of an emergency custody order in Texas family law.
- What types of evidence you need to file an emergency custody order.
- How an attorney can help you if you need to file an emergency order.
What Is An Emergency Custody Order In Texas Family Law?
An emergency custody order allows you a set period of sole possession of your child in light of situations where your child’s safety and well-being are threatened. Your attorney will take you to court, describe the domestic situation, and request two to four weeks of protection without a hearing, allowing you and your child the space to breath safely and get settled.
After those two to four weeks, a temporary orders hearing will be held to address the custody situation, allowing all parties to present evidence and make their case.
What Situations Qualify For An Emergency Custody Order?
Some of the most common reasons for an emergency custody order are physical child abuse, physical abuse against one parent, and the sexual abuse of a child.
In other cases, a parent may be arrested for a DWI or have a drug problem that has gotten out of control, leading to concerns over child neglect or parental competence.
What Evidence Is Required To File For An Emergency Custody Order?
All that is really required is an affidavit of your statements alleging abuse, neglect, or another serious issue and why the situation requires immediate action. Explain your domestic situation to me, and I’ll type the affidavit up. You will then have the affidavit signed, sworn to, and notarized.
While you can also bring in photo evidence of abuse or dangerous living conditions, it’s up to a judge whether they’ll look at and consider this evidence. Ultimately, your main and most important legal tool to secure relief and emergency custody is going to be the affidavit.
Attorney Travis Granger is a caring, tireless family law attorney serving Texas. Since 2021, he’s helped parents just like you protect their children with an emergency custody motion, ensuring they’re kept away from a dangerous or abusive home situation prior to a formal hearing.
Have questions, or in need of immediate legal help? Reach out to The Granger Law Firm, PLLC, for an initial consultation today.
How Can A Child Custody Lawyer Help File An Emergency Custody Motion?
An emergency custody motion requires a lot of work in a very short amount of time. Realistically, if you call my office at eight in the morning and explain your situation, we’ll likely have the motion submitted by three in the afternoon the same day. An attorney is absolutely necessary to this process.
There’s a lot to draft and a lot to file. I’ll also have you get the motion notarized, come back to the office, and then we’ll drive to the courthouse so a judge can make a decision.
When you file an emergency custody order, many small things are very easy to mess up on one’s own. There are many things you may believe you’re entitled to when you’re not. For example, a temporary restraining order can not compel an abusive spouse to leave your home. There are other options to accomplish what is called a “kick-out order.”
It’s important to talk with an attorney to ensure you know which options are available when pursuing an emergency order.
Notes From The Field: How Does Your Firm Help Clients Remain Calm When Urgency And Fear Dominate?
The moment you hand me the signed and notarized affidavit that I’ve drafted for you, I’ll take it from there. I’ll update you as the case progresses, but for the moment, I’ll advise you to rest.
If the order is granted, this will give you two to four weeks to collect your thoughts, take some deep breaths, and spend time with your son or daughter. Don’t allow the situation to cause you to spiral. Take care of yourself, take care of your child, and let me handle the legal aspects of your case.
Still Have Questions? Ready To Get Started?
For more information on Texas emergency custody motions, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 800-7394 today.
Attorney Travis Granger is a caring, tireless family law attorney serving Texas. Since 2021, he’s helped parents just like you protect their children with an emergency custody motion, ensuring they’re kept away from a dangerous or abusive home situation prior to a formal hearing.
Have questions, or in need of immediate legal help? Reach out to The Granger Law Firm, PLLC, for an initial consultation today.
