Texas law provides that joint custody is the healthiest option for children following the divorce of their parents. However, in some situations, one parent may have reason to believe that the other custodial parent presents a danger to the child’s well-being. In such circumstances, you can petition the court for an emergency custody order.
The process of obtaining an emergency custody order can feel overwhelming without a thorough knowledge of the relevant aspects of the law. Working with an experienced Texas child custody attorney can ensure you receive the support and advocacy you deserve throughout the process.
What Qualifies as an Emergency Custody Situation?
When applying for emergency custody in Texas, you are seeking a Temporary Restraining Order (TRO) with a Request for Extraordinary Relief. While a successful application allows you to establish the order before you have a hearing, you must present evidence that your child is in immediate danger. This can include:
- Physical abuse
- Sexual abuse
- Drug abuse
- Alcohol abuse
Your evidence can come in the form of photos, videos, police reports, affidavits, text messages, voice notes, or other forms of evidence that demonstrate why you are concerned about your child.
It is important to note that verbal and emotional abuse do not generally qualify for an emergency protective order in Texas. If you are unsure whether your case qualifies you, contact a knowledgeable Texas child custody attorney.
The Process of Obtaining an Emergency Custody Order
The first step in obtaining an emergency custody order is filing a custody petition. There are several types of petitions to choose from, and the ultimate choice will depend on your situation. Petitions include:
- Petitions pertaining to divorce in Texas
- Establishment of paternity
- Modification of a current custody order
Your attorney can help you choose the appropriate petition to file and can complete the filing on your behalf. You will then need to request a TRO that grants you Extraordinary relief, providing the relevant evidence that convinces the judge why they should grant the motion without notifying the child’s other parent. The court may then grant temporary child support and visitation orders until a final custody determination is made.
It is essential to act swiftly and work with an experienced legal representative to ensure you follow all the necessary steps to protect the child’s well-being.
What Happens After Emergency Custody Is Granted?
It is vital to understand that an emergency custody order is a temporary solution. While it can provide immediate relief and protection for your child, further legal action will be necessary to establish a permanent custody arrangement.
Once the emergency order is in place, the next steps typically involve:
- Seeking a permanent custody determination – Your attorney will work to transition the temporary emergency order into a long-term custody arrangement that best serves your child’s interests. This may involve additional court hearings and the presentation of evidence to support your case for permanent custody.
- Establishing a parenting plan – Depending on the circumstances, the court may order the development of a detailed parenting plan that outlines each parent’s rights and responsibilities, including visitation schedules, decision-making authority, and other crucial aspects of co-parenting.
- Addressing child support – If not already established, the court will likely issue child support orders that require the non-custodial parent to contribute financially to the child’s care and well-being.
- Attending court hearings – Throughout the process, you may be required to attend additional court hearings to provide updates, address any issues or concerns, and ensure the child’s best interests remain the top priority.
During this transitional period, it is crucial to continue working closely with your family law attorney to ensure your child’s safety and well-being. Your attorney can provide guidance on maintaining a stable environment, documenting any concerning incidents or behaviors, and taking any necessary precautions to protect your child’s physical and emotional health.
While the emergency custody order offers temporary relief, the ultimate goal is to establish a permanent custody arrangement that prioritizes your child’s needs and provides a secure, nurturing environment for their growth and development.
Contact Adams Law Firm Today for Help with an Emergency Custody Order
Seeking an emergency custody order is a serious decision resulting from a serious situation. If you are facing a potential emergency custody situation, you should seek legal counsel immediately to protect your child and yourself.
The seasoned Texas emergency custody attorneys at Adams Law Firm have the knowledge, skills, and experience necessary to fight for the outcome you need. Contact us online or call us today at (281) 391-9237 for a confidential consultation to learn more about how we can assist you.
