Any number of serious circumstances can justify pursuing temporary custody of a child, pending a final resolution. While emergency relief is fairly rare, it’s important to pursue if your child is in imminent danger from an immediate threat. Here’s what you need to know about emergency custody hearings.
Emergency Custody Hearing
In order to get an emergency custody hearing, you must petition the court. At the emergency custody hearing, a court listens to preliminary evidence and addresses emergency situations only, such as child abuse or neglect, substance abuse, or domestic violence. Evidence that your lawyer presents may include medical records, police reports, witness testimony and more. If the court is undecided, they may request a more thorough investigation by having experts interview or examine your child and make recommendations.
After all the evidence is presented, the court may issue a temporary order pending a full trial, but only if it’s in the best interest of the child. A judge may also transfer custody to another family member or order parenting or anger management classes, if deemed relevant. However, this custody is only temporary until either the threat no longer exists or a final ruling is made in court. The offending spouse may also be given visitation during the temporary order, depending on the severity of the allegations.
At your full trial, the temporary order is terminated, changed, or modified in accordance with the court’s decision. For example, if you were able to obtain a temporary custody order because of the other parent’s alcohol abuse, they can provide evidence that they’re received treatment and are now clean, allowing them to get joint custody and visitation rights. Unless doing so would pose a serious danger, it’s usually considered to be in the best interest of the child to have a relationship with both parents.
If you believe your child is in danger, please contact our Clearwater family lawyers at Tinny, Meyer & Piccarreto, P.A. immediately. Our clients are ready to listen to your story so we can better help you. If you’re ready to talk, call (727) 245-9009 or contact us online for a free consultation.