All custody cases are different. For instance, there might come a time when you need emergency custody of your child. For example, if you believe that your child is at risk of bodily injury, sexual abuse, or relocation to another state, it is worth pursuing emergency child custody. First, however, you need the services of an experienced family lawyer to help you navigate the tricky laws regarding emergency child custody cases. This article highlights the critical roles of a family lawyer in emergency child custody cases.
Files an 'Ex-Parte' Hearing
If a family lawyer believes that your child's situation meets the conditions for filing for emergency child custody, they will immediately request an ex-parte hearing. Notably, the hearings are filed on the assumption that time is of the essence as far as a child's safety is concerned. After filing for an ex-parte hearing, a family court judge does not require the other parent's presence to grant you custody. However, you should understand that ex-parte emergency child custody orders are temporary. Therefore, a family court judge also schedules another hearing that both parents are expected to attend.
Requests Law Enforcement Assistance
Some emergency child custody cases do not always go according to plan. For example, a father or a mother might barricade themselves in a house and vow not to give a child up to the parent named in an emergency custody order. Similarly, the parent with full custody might have already left the city or state, making the process of locating a child difficult. In such situations, your lawyer, armed with an emergency custody order, might request help from law enforcement. Officers ensure that everyone is safe when the parent named in a custody order goes to pick up a child. Besides, if one parent has fled with a child, law enforcement will pull out all stops and make sure they track and find the child and the fleeing guardian.
Argues for Full Custody
As mentioned earlier, ex parte child custody orders are only temporary. Thus both parents are expected to attend a scheduled court hearing so that a judicial officer can hear both sides. It means that your lawyer's work is far from done once you succeed in an emergency custody case. Since the sole reason for emergency custody is fear for your child's safety, a family lawyer will do everything possible to ensure a court grants you full custody. Therefore, they will use the emergency custody case to explain why you should have full custody rights. Although you can hire a different lawyer for a scheduled custody hearing, they might not understand the details of an emergency custody case. Therefore, it is advisable to retain the same family lawyer for both hearings.
Share18 January 2022
Hello, my name is Victor and last year was one of the worst years of my life. I was going through a tough divorce. I had to work out how to divide my money, the house I owned with my wife as well as organising who was going to get access to the kids. The only thing that got me through this entire experience was my wonderful divorce attorney. He explained exactly what I needed to do to get the best outcome and represented me in court. I'm now ready to move on with my life and make the most of the future.
