Delaware County Emergency Child Custody Order Attorney
Lawyer Provides Legal Help for Child Custody Emergency Orders 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 at immediate risk of harm, you have the option to petition the court for an emergency custody order.
Emergency child custody orders are a major part of protecting children from immediate danger, such as abuse, neglect, or domestic violence. In recent years, Pennsylvania has been deeply affected by the opioid epidemic, with the state experiencing more than 5,000 drug-related overdose deaths in 2021. Tragically, this epidemic has also led to numerous instances where parental incapacitation due to substance abuse necessitates urgent intervention.
This crisis has profoundly impacted families across the state, highlighting the urgent need for courts to intervene swiftly to safeguard children at risk. Emergency custody orders provide a temporary solution, ensuring children are removed from hazardous environments until a comprehensive custody arrangement can be established through legal proceedings.
For Pennsylvania families seeking emergency child custody orders, trust the Law Offices of Sheryl R. Rentz. Recognized as a Top Attorney by Suburban Life Magazine, Sheryl R. Rentz and our dedicated firm are committed to protecting children in crises. We provide compassionate and knowledgeable legal representation, ensuring swift action to safeguard your child’s well-being.
To schedule a free consultation about your legal options, call the Law Offices of Sheryl R. Rentz, P.C., at (610) 645-0100 and secure your family’s immediate legal protection.
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, and the court treats it as such. 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
- Guardian
- Relative of the child
The Process of Obtaining an Emergency Custody Order in Delaware County
Filing an emergency custody order requires careful preparation and legal experience. A lawyer specializing in family law can assist you through several steps, ensuring your child’s safety is prioritized through timely and effective legal action:
- Consultation: Meet with a family law attorney like Sheryl R. Rentz to discuss your situation and determine if grounds for an emergency custody order exist.
- Gathering Evidence: Collect necessary documentation, such as police reports, medical records, or witness statements, to substantiate claims of immediate danger to the child.
- Preparation of Petition: The lawyer will draft a petition outlining the reasons why emergency custody is necessary, supported by the gathered evidence.
- Filing the Petition: File the petition at the appropriate court, which is typically in the county where the child resides or where the incident occurred, adhering to local jurisdictional rules.
- Court Hearing: Attend a hearing where the attorney will present your case to the judge, emphasizing the urgency of the situation and the child’s need for protection.
- Legal Representation: Throughout the process, your lawyer will advocate on your behalf, ensuring your rights are protected and presenting a compelling case for emergency custody based on the evidence provided.
What You Should Know About a Court Hearing for Emergency Custody Orders
During a court hearing for emergency custody orders, there will be a focused session where evidence of immediate danger to the child is presented. Both parents have the right to attend, present their arguments, and challenge the evidence presented. The judge will assess the urgency of the situation and may grant temporary custody to ensure the child’s safety until a full custody determination is made.
Possible outcomes include granting temporary custody to one parent or a third party, placing restrictions on visitation, or dismissing the petition if insufficient evidence of immediate danger is presented. The hearing aims to prioritize the child’s welfare amidst urgent circumstances.
How to 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 utilities, are endangering the child’s welfare.
- Custodial parent is using drugs.
- Child is being seriously neglected.
For you to get an emergency custody order issued by the court, it’s not enough to voice suspicions or 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.
Important Steps After Obtaining an Emergency Custody Order
After obtaining an emergency custody order, consider the following steps:
- Notify Relevant Parties: Inform the other parent and any involved parties about the court’s decision and the terms of the emergency custody order.
- Schedule a Full Custody Hearing: Coordinate with your attorney to schedule a full custody hearing, at which a permanent custody arrangement will be decided.
- Prepare Evidence: Gather additional evidence and documentation to support your case for long-term custody during the upcoming hearing.
- Long-Term Custody Planning: Begin discussing and planning for long-term custody arrangements, considering the child’s best interests and potential co-parenting arrangements.
- Legal Advice: Continue consulting with your lawyer to navigate the legal process effectively and ensure ongoing compliance with court orders and procedures.
Understanding the Temporary Nature of Emergency Custody Orders
Emergency custody orders are designed to provide immediate protection for children in imminent danger. They are temporary, typically lasting until a full custody hearing can be scheduled to determine a permanent arrangement. The order remains in effect based on the urgency of the situation and the ongoing risk to the child’s safety. Once issued, it establishes temporary custody rights to ensure the child’s immediate well-being, pending a more thorough evaluation of the circumstances by the court. This allows for swift intervention while maintaining the flexibility to reassess the child’s custody needs in a comprehensive legal proceeding.
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 lawyer 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.
Contact Our Emergency Custody Order Lawyers in Delaware County for Legal Help
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 (610) 645-0100.
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