Steps For Getting Emergency Child Custody
In the US, emergent circumstances enable petitioners to seek child custody quickly to protect the child. Serious cases involving child abuse in any form constitute a legal need to remove the child from their home. Local attorneys explain laws pertaining to Divorce and Child Custody involving emergency situations.
Who is Eligible for Emergency Child Custody?
Emergency Guardianship is available to either parent or a family member. The assignments enable at-risk children to get the help they need quickly. The petitioner must have viable evidence of their allegations to substantiate their claim.
Reporting the Risk to the Court
Child protective services work with the family courts to protect children who are abused or neglected. The agency conducts an assessment and investigation to collect evidence against the unfit parent or parents. The child is examined by a medical doctor and interviewed by a child psychologist. A home study determines in what living environment risks are present.
Scheduling an Emergency Hearing with a Family Court Judge
Once the claim is substantiated, the family court clerk schedules an emergency child custody hearing. During the hearing, the judge officiates the new child custody arrangements. The guardian or parent gains full control over all decisions pertaining to the child. In most cases, the parent or parents receive supervised visitation. However, if the risk is sexual abuse or if the child's life was threatened, the court could terminate the biological parent's parental rights.
An Opportunity to Reform and Regain Potential Custody
If the risk is an addiction to alcohol or controlled substances, the court gives the parent or parents up to one year to reform and regain potential custody. The parent must show the court that they have started and completed a recovery program successfully. However, some jurisdictions limit visitation and monitor the parent for relapses.
Finalizing the Child Custody Arrangement
When a parent acquires emergency custody, the permanent child custody arrangements are finalized through their Divorce case. However, when a family member seeks permanent child custody, the arrangements are finalized during an additional child custody hearing. If the parent remains a serious risk to the child, any termination of parents rights is completed during the final hearing.
In the US, emergency child custody allows a parent or family member to seek immediate custody due to severe risks to the child. The circumstances must indicate that the child's life is at risk, or the child is facing an imminent trauma. Parents or family members who want to seek emergency Child custody contact an attorney right now.