Delaware County Emergency Child Custody Order Attorney
Legal Help in a Child Custody Emergency in Delaware County
Child custody is one of the most highly contested matters in Delaware County family law cases. Typically, it can take up to a year or longer to resolve. A child custody dispute can be even more stressful when one parent is concerned about the other parent’s capacity to keep a child safe. If you feel that your child is in immediate risk of harm, you have the option to petition the court for an emergency custody order.
What Is an Emergency Custody Order?
When an Emergency Petition for Special Relief is filed with the court, an emergency custody order may be issued to place the child in the custody of the petitioning parent, a relative, or a guardian. The order will remain in effect until a full trial is held or until further order of the court. Normally, the process of petitioning for custody of a child can take months. When a child is in danger, it is an emergency situation and treated as such by the court. A petition for an emergency custody order is usually heard by the court within days of the filing date.
Who Can File for an Emergency Custody Order in Delaware County?
Anyone who is aware that a child is being neglected or abused has a duty to take action immediately. If a custodial parent is unfit to properly care for a child, any of the following may file a petition for emergency custody:
- Non-custodial parent
- Relative of the child
How Do You Make a Compelling Case for an Emergency Custody Order?
Any drastic changes in the domestic situation that could potentially threaten a child’s welfare are grounds for an Emergency Petition for Special Relief. Imminent risk to a child may involve bodily injury, sexual abuse, extreme emotional abuse, deprivation, or flight risk of the custodial parent. Examples of circumstances in which emergency petitions may be granted include the following:
- Child is being mentally or physically abused by a parent or someone else staying in or visiting the home.
- Custodial parent is in jail or prison.
- Child has been removed to another state or country without the permission of the court or the other parent.
- Adverse changes in the livability of the home, such as flooding, eviction, or shutting off of utilities, are endangering the child’s welfare.
- Custodial parent is using drugs.
- Child is being seriously neglected.
To get an emergency custody order issued by the court, it is not enough to voice suspicions or to make allegations against the custodial parent. Your petition must be based on facts that can be objectively proven. Petitioning for emergency custody without good cause can hurt your credibility with the court and impact future custody decisions.
Do You Need a Delaware County Family Law Attorney?
If you believe your child is at risk in the custody of the other parent, your best chance of getting an emergency custody order is to hire an experienced Delaware County child custody attorney to represent you. Judges are reluctant to violate normal rules of notice and due process and will only do so when extreme measures are deemed necessary because the safety of a child is at stake. The process will run smoother with an experienced family law attorney handling your petition.
Why Choose Us?
The Law Offices of Sheryl R. Rentz, P.C. was founded in 1992. Attorney Sheryl R. Rentz has more than 25 years of experience. We can prepare your petition, file it with the court, and guide you skillfully through the process of seeking an emergency custody order for your child’s protection. Contact us at (866) 290-9292.