How do I dile for emergency custody orders?

UPDATED: Dec 15, 2011

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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


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

Answered 11 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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