Although emergency custody orders are rare, they are necessary in some cases and can be justified if there is a reason to believe a child is in danger. However, it should not be used as an answer for minor disputes over existing custody arrangements. Instead, its purpose is to remove a child from a situation that is dangerous or if there is evidence of child abuse, neglect, or substance abuse. If you believe your child’s safety is being jeopardized, here is what you need to know about taking action and obtaining an emergency custody order.
Obtaining an Emergency Hearing
First, to begin the process, one must petition the court for a hearing. Usually, this is done by the other parent, but other family members might be allowed to file as well. It is best to contact a family law attorney at this time. If you do not believe you can wait for a hearing, contact the police for assistance rather than taking the child and further endangering yourself or the child.
At the Hearing
When your request for an emergency hearing is granted, your lawyer will present all pertinent evidence such as police reports, reports from child protective services, and medical records. The court might also request a more thorough investigation before offering a ruling. Once all the evidence has been presented, the court might issue a temporary order pending a full trial. It could also involve, if deemed appropriate, parenting classes or anger management courses.
Child Custody Attorneys in Ocala
At the law office of Ami L. DiLorenzo, P.A., our Ocala family law legal team will work with you to ensure you have the best possible case to protect the interests of you and your children. We understand that their safety is paramount and will do what it takes to fight on their behalf.
Contact us today at (352) 437-2200 to schedule a consultation.