Child custody battles are perhaps the worst thing to experience. Child custody situations for some mothers may seem like a high-wire act with the child’s safety at stake. There may be occasions that may necessitate an emergency child custody hearing.
Knowing when to schedule emergency custody can be crucial. If one needs clarification about whether one’s circumstances may warrant such an extreme step, this guide has been designed to explain when an emergency hearing is warranted and how to navigate such situations appropriately.
When Should You Seek an Emergency Hearing?
Knowing the circumstances under which an emergency custody order hearing is accepted is very important. The following is a list of the most common of the cases:
1) Credible Threat of Abduction
If there is a real risk that one parent may abduct the child, this can trigger the need for an emergency hearing. This situation often arises if the other parent has a history of unstable behavior or has made threats regarding taking the child away.
2) Immediate Risk of Physical Harm
An emergency hearing becomes essential when there’s an active threat to the child’s physical safety—whether from a parent or someone close to the family.
3) Child abuse allegations
If there are allegations of child mistreatment or violence that are difficult to disprove, then they deserve instant attention. Allegations of child abuse are taken seriously, and when there is any suspicion of abuse, an emergency hearing can be scheduled.
4) Substance abuse issues
Substance abuse may result in situations where the child is put in a risky predicament. To get a hearing in such cases, it is required by the court to show proof of such abuse and its ramifications on the child’s home environment.
5) Neglect or Abandonment
In instances of severe neglect or abandonment, the situation is dire enough that immediate action has to be taken to protect the child. Where adequate care is not given to a child, like food or other basic needs for survival, an emergency hearing can be held to ensure that the child is taken care of and any further neglect is prevented.
6) Threats of Harm
When a child or custodial parent has been abused, emergency custody can be imposed. If there is a reasonable belief that one parent has the potential to abuse or endanger the child, such situations warrant immediate action.
7) Intention to Relocate the Child
If there is any reason to believe that one parent is relocating the child out of state without the opposing parent’s consent, this provides valid grounds for an emergency child custody hearing.
What Happens at the Hearing?
During the emergency hearing, the judge will only address the most pressing issue causing danger to the child. Any other matter relevant to the case will be decided upon on a different date. During the emergency hearing, the judge will look at the evidence presented and decide whether to grant custody or not. It is important to not that every jurisdiction has a different process for emergency hearings.
Conclusion
All decisions taken in an emergency hearing are provisional. Another hearing will be set so the parties can bring pertinent evidence and make their arguments on the case once fully supported.
It is important to emphasize that if you believe that your child is in a life-threatening situation, then it is best to call the police for immediate action. After doing so, contact a child custody lawyer who can assist you in setting the stage for the emergency custody order and help protect your child.