Emergency Custody Hearings

During or following a divorce, you may find that your child is in danger because of his or her other parent. In these situations, you need legal help through the court system to address the problem and ensure the safety of your child. You may request an emergency custody hearing, during which a judge will determine what is best for the child.

The judge may provide a temporary parenting plan order or might issue a restraining order against the other parent. The important thing to keep in mind is that an emergency custody hearing is for use only in circumstances that are urgent. A skilled Brevard County family law attorney will help you with a request for a hearing.

What is an Emergency Custody Hearing?

An emergency custody hearing is designed to provide immediate assistance for the welfare and well-being of the child. You must have an urgent situation in order to seek an emergency hearing. You will find that the court only allows extreme cases to be heard under these circumstances. This request is not supposed to be for typical disagreements.

In order for a case to be heard by a judge in an emergency the court must determine that a real emergency situation exists. Generally, both parents have the right to advance notice of a hearing and the ability to provide their case. In an emergency hearing, the judge has the power to order a parenting arrangement or to issue a restraining order.

What are Some Reasons for Emergency Custody Hearings?

The courts do not grant emergency hearings often, so it is essential that your case meets the qualifications. An emergency hearing might be necessary if there is a threat to the child’s health or safety. One example of the need for an immediate court hearing is if the child is a victim of abuse or neglect by a parent. Another reason might be if the parent is abusing drugs or alcohol. If a parent attempts or threatens to abduct the child, the court may allow an emergency hearing. If you feel that your child is in danger, you should request an emergency custody hearing without delay. An experienced Brevard County family law attorney will assist you and guide you through the process.

Can I Get a Post-Judgment Modification?

A family court judge puts a custody and parenting plan in place as part of the divorce order. The order provides for where the child will reside and how visitation will occur. Sometimes, changes in circumstances require a modification to the order. You cannot simply make changes on your own without going through the courts. When a parent wants to make changes, he or she must request a post-judgment modification. However, most often, a modification does not meet the standards of an emergency.

For instance, if you want to move out of state with your child, you must get a change to the custody arrangement in court. Simply because you need to leave town quickly for your job, for example, does not mean it is an emergency situation. You need to request a hearing in enough time to provide the other parent with time to attend and respond to the request.

If you are in need of an emergency custody hearing, you need to act quickly. Call our experienced legal team at Henderson Legal Group to request a free initial consultation.


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