How do I dile for emergency custody orders?

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How do I dile for emergency custody orders?

My ex recently got a DWI and now has a breathalyzer attached to his car. I was not informed and I don’t want the boys in the car with him or spending the night.

Asked on December 15, 2011 under Family Law, Texas

Answers:

L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Thank you for submitting your question regarding the process of obtaining an emergency child custody order to act as an order of protection.  As with all child custody issues, the laws governing this area can vary from state to state.  Since there are certain procedural requirements that you may need to take in order to get the protection you are seeking, you may want to contact a family law attorney in your area that specializes in these issues that can speed this process along.  Sometimes having an expert in the field assist you can make the lengthy and technical process a bit easier to tackle.

That being said, there are certain circumstances in which court would justify an award for an emergency temporary change of child custody.  Most of these emergencies occur during “ex-parte hearings” with the court.”  This means that the other party is not present when the hearing is taking place.  Since affecting a parent’s custody can be a serious matter, the court wants to make sure that there is in fact a true emergency and that the children may be in danger.  The court usually assesses danger as some time of sexual or physical abuse, or the threat of this type of abuse, any type of abandonment of the children, or any substance abuse around the children.  Of course this is not a complete list, and depending on the state, the court may be more inclined to take the case on an emergency basis.  The court’s objective is to protect the child and to ensure the child’s safety.  When the child’s well-being is placed in jeopardy, the court will often step in.  However, the court will not change custody based on mere allegations of one parent, but will need proof that the child is in actual danger.

For further assistance and to possibly get this matter expedited, you may want to contact a family law attorney in your area.

 


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