Divorce can be a traumatic situation for all parties involved, especially children. Many parents may wonder whether they can get custody now, notably if the situation warrants urgency. Many complicated divorces and custody hearings can take months, posing a problem if a child is in danger where they’re currently living. In Clackamas County, for example, a motion for emergency custody of a child can be filed in order to obtain expedited custody if emergency circumstances warrant immediate action. At the hearing, a judge will evaluate evidence and may grant a temporary order of custody. This temporary order can become permanent after further hearings. If your child is in imminent danger, contact local authorities immediately, as even an emergency hearing can take some time.
What Reasons Qualify For Emergency Custody?
Whether you can get custody now depends on the facts and circumstances of your situation. After filing a petition for custody, it may be possible to obtain immediate award of temporary custody, depending on the situation. Emergency custody is only granted in specific circumstances. There must be an imminent threat to the child; including abuse, abandonment, or any other factor that places the child in danger. If these factors are not present, then you will not success in filing this type of motion. If you’re unsure, speak with a custody lawyer who can analyze the facts and assist you.
What’s Considered Immediate Danger Regarding Child Custody?
While you do not have to have an attorney help you file for emergency custody, having the help of a skilled attorney will increase the likelihood that you will be successful. It can be difficult to convey to the judge why you believe the child is in imminent danger. The legal definition for “immediate danger” can vary and is often subjective, but the burden of proof is a high one. There are many situations where you think the facts fit the criteria necessary to receive immediate custody, but the motion could still be denied by the judge if it is not properly prepared. Because of the urgent nature of these motions, working with a child custody attorney is important. Also, an attorney can help you decide whether getting custody now is the best course of action given your particular circumstances as there may be other options available to you.
Is it Only the Parents that Can Get Emergency Custody?
While the courts try to place the child with a parent most of the time, there are circumstances where another close relative can petition for temporary emergency custody. If both parents pose an immediate danger to the child, a case can be made for another relative (such as a grandparent) to get temporary custody now, and possibly guardianship in the future. A close, pre-existing bond with the child is important as well to prove this would be in the child’s best interests.